1996 No. 263 BANKRUPTCY REGULATIONS - SCHEDULE 7
1996 No. 263 BANKRUPTCY REGULATIONS - SCHEDULE 7
SCHEDULE 7 Regulation 11.02
MODIFICATIONS UNDER PART XI OF THE ACT - ADMINISTRATION OF ESTATES OF DECEASED
PERSONS 1. Section 49 (Change of petitioners): 1.1 Omit "debtor", substitute
"deceased debtor's estate". 2. Section 50 (Taking control of debtor's property
before sequestration) 2.1 Subsection 50 (1): Omit "debtor, but before the
debtor becomes", substitute "debtor who dies after presentation of a
creditor's petition but before becoming". 2.2 Paragraph 50 (1) (a): Omit
"debtor's property;", substitute "deceased debtor's estate;". 2.3 Paragraph 50
(1) (b): Omit "property.", substitute "estate.". 2.4 Paragraph 50 (1A) (c):
Omit "debtor", substitute "deceased debtor's legal personal representative".
2.5 Subsection 50 (1B): Omit "debtor's property", insert "deceased debtor's
estate". 2.6 Subsection 50 (2): Omit "debtor" (first occurring), substitute
"legal personal representative of the deceased debtor". 2.7 Subsection 50 (2):
Before "debtor" (second and third occurring), insert "deceased debtor". 2.8
Subsection 50 (3): Omit "debtor and the debtor's", substitute "deceased debtor
and the debtor's".2.9 Subsection 50 (4): Before "debtor" (twice occurring) and
"debtor's", insert "deceased". 2.10 Paragraph 50 (5) (a): Omit "a
sequestration order had been made against the debtor", insert "an order had
been made for the administration of the estate of the deceased debtor". 2.11
Paragraph 50 (5) (c): Omit "debtor's bankruptcy if a sequestration",
substitute "administration of the deceased debtor's estate if an". 2.12
Section 50: Add at the end:
"(6) In this section: 'legal personal representative', in relation to a
deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order; of
the deceased debtor's estate, or a part of that estate.". 3. Section
63A (Definitions) 3. Insert the following definition:
"'legal personal representative', in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate;" 4. Section
64A (Persons to whom notice of meeting to be given) 4.1 Paragraph 64A
(1) (a): Omit "the bankrupt has told the trustee,", substitute "before
his or her death the deceased person had told the trustee,". 5.
Section 64B (Certain matters to be included in notice of meeting) 5.1
Subsection 64B (1): Before "place", insert "former". 6. Section 64G
(Agenda to be set out in notice of meeting) 6.1 Paragraphs 64G (a) and
(i): Omit "bankrupt;", substitute "legal personal representative of
the deceased person;". 7. Section 64J (Preparation of attendance
record) 7.1 Subsection 64J (3): Omit "bankrupt", substitute "legal
personal representative of the deceased person". 8. Section 64K
(Opening of meeting) 8.1 Subsection 64K (2): Omit "bankrupt" (first
occurring), substitute "legal personal representative of the deceased
person". 8.2 Subsections 64K (2): Omit "the bankrupt." (second
occurring), substitute "the legal personal representative.". 8.3
Subsections 64K (3) and (6): Omit "the bankrupt" (wherever occurring),
substitute "the legal personal representative". 9. Section 64L
(Appointment of minutes secretary) 9.1 Subsection 64L (2): Omit
"bankrupt", substitute "legal personal representative of the deceased
person". 10. Section 64P (Election of person to preside at meeting)
10.1 Subsection 64P (2): Omit "bankrupt", substitute "legal personal
representative of the deceased person". 11. Section 64S (Statements
and questions) 11.1 Subsection 64S (2): Omit "bankrupt" (first
occurring), substitute "legal personal representative of the deceased
person". 11.2 Subsection 64S (2): Omit "the bankrupt." (second
occurring), substitute "the legal personal representative.". 11.3
Subsection 64S (3): Omit "bankrupt", substitute "legal personal
representative". 12. Section 64Z (Duties of minutes secretary) 12.1
Paragraph 64Z (5) (d): Omit "bankrupt,", substitute "legal personal
representative of the deceased person,". 13. Section 64ZC (Appointment
of proxies) 13.1 Subsection 64ZC (6): Omit "bankrupt" (first
occurring), substitute "legal personal representative of the deceased
person". 13.2 Subsection 64ZC (6): Omit "the bankrupt" (second
occurring), substitute "the legal personal representative". 14.
Section 73 (Composition or arrangement) 14.1 Subsection 73 (1): Omit
"a bankrupt", substitute "the legal personal representative of a
deceased person". 14.2 Subsection 73 (1): Omit "his or her" (wherever
occurring), substitute "the deceased person's". 14.3 Subsection 73
(2A): Omit "bankrupt's", substitute "deceased person's". 14.4
Subsection 73 (3): Omit "bankrupt", substitute " legal person
representative". 14.5 Section 73: Add at the end:
"(6) In this section: 'legal personal representative', in relation to a
deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate.". 15. Section
74 (Annulment of bankruptcy) 15.1 Omit the section, substitute:
Annulment of administration
"74. (1) A special resolution under subsection 73 (4) takes effect on the date
on which it is passed to annul the administration of the estate to which it
relates.
"(2) As soon as practicable after that date the trustee of the estate must
give to the Official Receiver a certificate, signed by the trustee, of the
following matters:
(a) the name of the estate;
(b) the number of the administration;
(c) the terms and date of the special resolution.
"(3) The Official Receiver must enter those matters in the official records.".
16. Section 75 (Effect of composition or scheme of arrangement) 16. Subsection
75 (2): Omit the subsection. 16.2 Subparagraphs 75 (4) (b) (i), (ii), (iii)
and (iv): Omit the subparagraphs, substitute:
"(i) the creditors or the estate of the deceased person will suffer injustice
or undue delay if the composition or scheme of arrangement proceeds; or
(ii) the approval of the creditors resulted from a misrepresentation
by the legal personal representative; or
(iii) it is desirable that the deceased person's:
(A) affairs be investigated; or
(B) estate be administered;
under this Act; or
(iv) it is likely that the creditors will receive a greater dividend
if the estate is again administered under this Act;". 16.3
Subsection 75 (4): Omit "trustee", substitute "trustee, the
legal personal representative". 16.4 Subsection 75 (6), (7) and
(8): Omit the subsections, substitute:
"(6) In this section:
'legal personal representative', in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate." 17. Section
81 (Discovery of bankrupt's property etc.) 17.1 Subsection 81 (1):
Omit the subsection, substitute:
"(1) At any time during or after the administration under Part XI of the
estate of a deceased person (in this section called 'the relevant person'),
the Court may, on the application of:
(a) a person (in this section called a 'creditor') who has or had a debt
provable in the administration; or
(b) the trustee of the estate; or
(c) the Official Receiver; summon an examinable person in relation to the
estate for examination in relation to the administration.
"(1AA) For the purposes of subsection (1): 'examinable person', in relation to
an estate of the relevant person, means:
(a) a person who is believed to be indebted to the estate; or
(b) a person who may be able to give information the relevant person or
the examinable affairs of the relevant person; or
(c) a person who has possession of books that may relate to:
(i) the relevant person; or
(ii) the examinable affairs of the relevant person; or
(iii) the estate; or
(d) the executor under the relevant person's will; or
(e) the administrator under letters of administration or court order; of
the relevant person's estate, or a part of that estate.". 17.2
Subsection 81 (1B): Omit paragraph (b), substitute:
"(b) relate to:
(i) the relevant person; or
(ii) the examinable affairs of the relevant person; or
(iii) the estate.". 17.3 Subsection 81 (11AA): Omit the subsection.
17.4 Subsection 81 (12): Before "relevant person" (first
occurring), insert "estate of the". 17.5 Subsection 81 (14):
Omit "person, other than the relevant person,", substitute
"person". 18. Section 82 (Debts provable in bankruptcy) 18.1
Subsection 82 (1): Omit all the words from and including "a
bankrupt" to the end, substitute "the estate of a deceased
person was subject at the date of the order for the
administration of the estate, or to which the estate may become
subject because of an obligation incurred before that date, are
provable in the administration of the estate.". 18.2 Subsection
82 (1A): Omit "bankrupt under a maintenance agreement or
maintenance order before the date of the bankruptcy.",
substitute "by the deceased person under a maintenance
agreement or maintenance order during the person's lifetime and
before the date of the order for the administration of the
person's estate.". 18.3 Paragraph 82 (8) (b): Omit "discharge
of the bankrupt;", substitute "end of the administration of the
deceased person's estate;". 19. Section 87 (Deduction of
discounts) 19.1 Omit "debtor had not become a bankrupt.",
substitute "estate had not become subject to administration
under Part XI.". 20. Section 88 (Apportionment to principal and
interest of payments made before bankruptcy) 20.1 Omit "by a
debtor to a creditor before the debtor became a bankrupt",
substitute:
"to a creditor by:
(a) the deceased person before his or her death; or
(b) the deceased person's estate before the date of the order for the
administration of the estate;". 21. Section 95 (Proof in respect of
distinct contracts) 21.1 Omit "person was, at the time when he or she
became a bankrupt,", substitute "deceased person whose estate is being
administered under Part XI was, at the date of his or her death,". 22.
Section 99 (Application to the Court where creditor or bankrupt
considers proof wrongly admitted) 22.1 Subsection 99 (1): Omit
"bankrupt", substitute "legal personal representative". 22.2 After
subsection 99 (1), insert:
"(1A) In subsection (1): 'legal personal representative', in relation to a
deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate.". 23. Section
109 (Priority payments) 23.1 Paragraph 109 (1) (a): After "petitioning
creditor", insert "or the trustee of the deceased person's estate".
23.2 Paragraph 109 (1) (b): Omit the paragraph. 24. Section 109A
(Debts due to employees) 24.1 Subsection 109A (1): Omit the
subsection, substitute:
"Where:
(a) a contract of employment with a person who has since died and whose
estate is being administered under Part XI was subsisting immediately
before the date of the person's death; or
(b) a contract of employment with the trustee, in his or her capacity as
trustee, of an estate that is being administered under Part XI was
subsisting immediately before the date of the order for the
administration; the employee under the contract is, whether or not the
employee is a person referred to in subsection (2), entitled to
payment under section 109 as if the employee's employment had been
terminated:
(c) where paragraph (a) applies:
(i) by the person; and
(ii) on the date;
mentioned in that paragraph; or
(d) where paragraph (b) applies:
(i) by the trustee; and
(ii) on the date;
mentioned in that paragraph.". 24.2 Subsection 109A (2): After "trustee (twice
occurring), insert "or legal personal representative". 24.3 After subsection
109A (2), insert:
"(2A) In subsection (2): 'legal personal representative', in relation to a
deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate.". 25. Section
110 (Application of estates of joint debtors) 25.1 Omit the section.
26. Section 114 (Payment of liabilities etc. incurred under terminated
deed etc) 26.1 Omit "becomes a bankrupt", substitute "dies, and his or
her estate becomes subject to administration under Part XI,". 27.
Section 116 (Property divisible among creditors) 27.1 After subsection
116 (1), insert:
"(1A) In the application of this section to Part XI, a reference in subsection
(1) to the discharge of a bankrupt is taken to be a reference to the
termination of the administration, under that Part, of the estate of the
deceased person.". 27.2 Paragraphs 116 (2) (c) and (ca): Omit the paragraph.
27.3 Paragraph 116 (2) (g): Omit the paragraph, substitute:
"(g) any right of the estate of the deceased person to recover damages or
compensation:
(i) for personal injury (including injury resulting in death) or
wrong done to the deceased person in his or her lifetime; or
(ii) for personal injury (including injury resulting in death) or
wrong done to the spouse or a member of the family of the
deceased person (whether the injury or wrong was done before or
after the death of the deceased person);
"(h) any damages or compensation recovered by the deceased person in his or
her lifetime, or by the estate of the deceased person, in respect of an injury
or wrong specified in subparagraph (g) (i) or (ii);". 27.4 Subsection 116
(2B): Omit "(c) or (ca),". 27.5 Subsection 116 (2C): Omit the subsection. 28.
Section 117 (Policies of insurance against liabilities to third parties) 28.1
Paragraph 117 (1) (b): Omit "(whether before or after he or she became a
bankrupt);", substitute "at any time;". 29. Section 118 (Execution by creditor
against property of debtor who becomes a bankrupt etc) 29.1 Paragraph 118 (1)
(i) (a): Omit "the presentation of a petition, or after the presentation of a
petition, against a", substitute "the making of an order under Part XI, or
after the making of such an order, for the administration of the estate of a
deceased". 29.2 Subparagraph 118 (1) (a) (ii): Omit "and". 29.3 Paragraph 118
(1) (b): Omit the paragraph. 29.4 Subsections 118 (1), (3) and (4): Omit
"bankrupt" (wherever occurring), substitute "debtor". 29.5 Subsection 118 (3):
Omit "bankruptcy", substitute "administration of the estate". 29.6 Paragraph
118 (9) (a): Omit "the presentation of a petition, or after the presentation
of a petition, against a", substitute "the making of an order under Part XI,
or after the making of such an order, for the administration of the estate of
a deceased". 29.7 Subsection 118 (9): Omit "in the bankruptcy.", substitute
"of the estate.". 29.8 Subsection 118 (10): Omit "debtor," (twice occurring),
substitute "deceased person's estate". 29.9 Paragraphs 118 (11) (a) and (b):
Omit "who, after the sale, becomes a bankrupt;", substitute "who dies and
whose estate becomes, or of a deceased person's estate that becomes, after the
sale, subject to an administration order under Part XI;". 29.10 Subsection 118
(11): Omit "of the bankrupt". 30. Section 119 (Duties of sheriff after
receiving notice of presentation of petition etc.) 30.1 Subsection 119 (1):
Omit "against a debtor", substitute "for an order for the administration of a
deceased person's estate". 30.2 Paragraphs 119 (1) (a) and (b): Omit "debtor"
(wherever occurring), substitute "estate". 30.3 Subsection 119 (2): Omit "the
reference to the Court of a debtor's petition against a debtor", substitute
"the presentation to the Court of a petition by a person administering the
estate of a deceased person for an order for the administration of the
estate". 30.4 Paragraphs 119 (2) (a) and (b): Omit "debtor" (wherever
occurring), substitute "estate". 30.5 Subsection 119 (3): Omit "a creditor's
petition against a debtor has been given under subsection (1) to a sheriff or
notice of the reference to the Court of a debtor's petition against a debtor
has been given under subsection", substitute "a petition has been given under
subsection (1) or". 30.6 Subsection 119 (3): Omit "the debtor" (wherever
occurring), substitute "the estate". 30.7 Subsection 119 (4): Omit "against a
debtor", substitute "for an order for the administration of a deceased
person's estate". 30.8 Paragraphs 119 (4) (a) and (b): Omit "debtor" (wherever
occurring), substitute "estate". 30.9 Subsection 119 (5): Omit "the reference
to the Court of a debtor's petition against a debtor", substitute "the
presentation to the Court of a petition by a person administering the estate
of a deceased person for an order for the administration of the estate". 30.10
Paragraphs 119 (5) (a) and (b): Omit "debtor" (wherever occurring), substitute
"estate". 30.11 Subsection 119 (6): Omit "against a debtor", substitute "for
an order for the administration of a deceased person's estate". 30.12
Subsection 119 (6): Omit "the debtor" (wherever occurring), substitute "the
estate". 30.13 Subsection 119 (7): Omit "a debtor", substitute "a deceased
person's estate". 30.14 Subsection 119 (7): Omit "the debtor becomes a
bankrupt", substitute "the estate is administered under Part XI". 31. Section
119A (Duties of sheriff after receiving notice of bankruptcy etc.) 31.1
Subsection 119A (1): Omit "has become a bankrupt", substitute "has died, and
his or her estate has become subject to administration under Part XI,". 31.2
Subparagraph 119A (1) (a) (i): Omit "bankrupt", substitute "estate". 31.3
Subparagraph 119A (1) (a) (ii): Omit "bankrupt" (first occurring), substitute
"estate". 31.4 Subparagraph 119A (1) (a) (ii): Omit "bankrupt became a
bankrupt," (twice occurring), substitute "debtor died,". 31.5 Subparagraph
119A (1) (a) (ii): Omit "bankrupt" (third occurring), substitute "debtor or
estate". 31.6 Subparagraph 119A (1) (a) (iii): Omit "bankrupt;", substitute
"estate;". 31.7 Subparagraph 119A (1) (b) (i): Omit "the bankrupt" (first and
third occurring), substitute "the estate". 31.8 Subparagraphs 119A (1) (b) (i)
and (ii): Omit "bankrupt became a bankrupt,", substitute "debtor died,". 319
Subparagraph 119A (1) (b) (ii): Omit "to the bankrupt;", substitute "to the
estate;". 31.10 Subsection 119A (5): Omit the subsection. 31.11 Paragraph 119A
(6) (a): Omit "bankrupt", substitute "deceased person". 31.12 Paragraph 119A
(6) (b): Omit "bankrupt", substitute "estate". 31.13 Subsection 119A (7): Omit
"a bankrupt", substitute "the estate of a deceased person". 32. Section 122
(Avoidance of preferences) 32.1 Subsection 122 (1): Omit "insolvent (the
debtor)", substitute "insolvent and who subsequently dies (the deceased
debtor)". 32.2 Subsection 122 (1): Omit "in the debtor's bankruptcy",
substitute "of the deceased debtor's estate being administered under Part XI".
32.3 Paragraph 122 (1) (b): Omit the paragraph (including the table),
substitute:
"(b) was made in the period beginning 6 months before the presentation of the
petition for an order for the administration of the estate and ending
immediately before the date of the order.". 32.4 Subsection 122 (1A): Omit
"debtor", substitute "deceased debtor before his or her death". 32.5
Paragraphs 122 (1A) (a) and (b): Before "debtor", insert "deceased". 32.6
Paragraph 122 (1A) (b): Before "debtor's", insert "deceased". 32.7 Paragraph
122 (2) (b): After "debtor", insert "or the estate of the deceased debtor".
32.8 Subsection 122 (4A): After "debtor" (twice occurring), insert "or the
estate of the deceased debtor". 33. Section 123 (Protection of certain
transfers of property against relation back etc.) 33.1 Subsection 123 (1):
Omit "becomes a bankrupt:", substitute "has died, and his or her estate has
become subject to administration under Part XI:". 33.2 Paragraphs 123 (1) (a),
(b) and (c): After "debtor" insert "before he or she died". 33.3 Paragraph 123
(1) (e): Omit "before the day on which the debtor became a bankrupt;",
substitute "on or before the day on which the debtor died;". 33.4 Subsection
123 (4): Before "debtor", insert "deceased". 33.5 Subsection 123 (4): Omit
"became a bankrupt,", substitute "died,". 33.6 Subsection 123 (6): Omit "a
debtor becomes", substitute "a deceased debtor before his or her death
became". 33.7 Subsection 123 (6): Before "debtor" (second and third
occurring), insert "deceased". 34. Section 124 (Protection of certain payments
to bankrupt etc.) 34.1 Subsection 124 (1): Omit "becomes, or has become, a
bankrupt", substitute "has died, and his or her estate has become subject to
administration under Part XI". 34.2 Paragraph 124 (1) (a): After "made",
insert "on or". 34.3 Paragraph 124 (1) (a): Omit "becomes a bankrupt",
substitute "dies". 34.4 Paragraph 124 (1) (b): Omit "on or". 34.5 Paragraph
124 (1) (b): Omit "became a bankrupt", substitute "died". 35. Section 125
(Certain accounts of undischarged bankrupt) 35.1 Subsection 125 (1): Omit "an
undischarged bankrupt", substitute "deceased and that his or her estate is
being administered under Part XI". 36. Section 126 (Dealings with undischarged
bankrupt in respect of after-acquired property) 36.1 Omit the section. 37.
Section 127 (Limitation of time for making of claims by trustee etc) 37.1
After subsection 127 (1), insert:
"(1A) In the application of Part XI to this section, the reference in
subsection (1) to the date on which a person became bankrupt is taken to be a
reference to the date on which administration of a deceased person's estate
commenced.". 38. Section 134 (Powers exercisable at discretion of trustee)
38.1 Paragraph 134 (1) (m): Omit "the bankrupt: (first occurring), substitute
"the legal personal representative of a deceased person:". 38.2 Subparagraph
134 (1) (m) (i): Omit "the bankrupt;", substitute "the estate of the deceased
person;". 38.3 Subparagraph 134 (1) (m) (ii): Omit "bankrupt's" (twice
occurring), substitute "estate's". 38.4 Subparagraph 134 (1) (m) (iii): Omit
"bankrupt;", substitute "estate". 38.5 Paragraph 134 (1) (m): Omit "bankrupt's
services, make such allowance to the bankrupt", substitute "services of the
legal personal representative of the deceased person, pay such remuneration to
him or her". 38.6 Paragraphs 134 (1) (n) and (o): Omit "the bankrupt",
substitute "the estate of the deceased person". 38.7 After subsection 134 (1),
insert:
"(1AA) In subsection (1):
'legal personal representative', in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate.". 38.7
Subsection 134 (1A): Omit "An allowance made to the bankrupt",
substitute "Remuneration paid to the legal personal representative of
a deceased person". 39. Section 135 (Further powers exercisable by
trustee) 39.1 Paragraphs 135 (1) (b) and (c): Omit "the bankrupt;",
substitute "the estate of the deceased person;". 39.2 Paragraph 135
(1) (j): Omit the paragraph, substitute:
"(j) pay such remuneration out of the estate of the deceased person as he or
she thinks fit to the legal personal representative of the deceased person.".
39.3 Section 135: Add at the end:
"(2) In subsection (1): 'legal personal representative', in relation to a
deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate.". 40. Section
138 (Limitation on trustee's power in respect of copyright, patents
etc.) 40.1 Paragraph 138 (1) (a): Omit "bankrupt", substitute "estate
of a deceased person". 40.2 Paragraphs 138 (1) (b), (c) and (d): Omit
"bankrupt", substitute "estate". 41 Section 139ZL (Official Receiver
may require persons to make payments) 41.1 Subsection 139ZL (6): Omit
"bankrupt", substitute "legal personal representative of the deceased
person". 41.2 After subsection 139ZL (6), insert:
"(6A) In subsection (6): 'legal personal representative', in relation to a
deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate.". 42. Section
139ZQ (Official Receiver may require payment) 42.1 Subsection 139ZQ
(5): Omit "bankrupt", substitute "legal personal representative of the
deceased person". 42.2 After subsection 139ZQ (5), insert:
"(5A) In subsection (5): 'legal personal representative', in relation to a
deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate.". 43. Section
143 (Provision to be made for creditors residing at a distance etc)
43.1 Paragraph 143 (a): Omit "bankrupt's statement of", substitute
"statement of a deceased person's". 44. Section 146 (Distribution of
dividends where bankrupt fails to file statement of affairs) 44.1 Omit
"a bankrupt", substitute "the legal personal representative of a
deceased person". 44.2 Omit "his or her affairs" (twice occurring),
substitute "the deceased person's affairs". 44.3 Omit "bankrupt"
(second occurring), substitute "legal personal representative". 45
Section 156A (Consent to act as trustee) 45.1 Paragraph 156A (1) (a):
Before "debtor" (first occurring), insert "deceased". 45.2 Paragraphs
156A (1) (a) and (3) (a): Omit "debtor becomes a bankrupt;",
substitute "deceased debtor's estate is administered under Part XI;".
45.3 Paragraph 156A (3) (a): Omit "estate of the bankrupt;",
substitute "estate;". 46. Section 161B (Trustee's remuneration -
minimum entitlement) 46.1 Subsection 161B (2): Omit the subsection.
47. Section 162 (Trustee's remuneration - general) 47.1 Subsection 162
(3): Omit "bankrupt" (second occurring), substitute "legal personal
representative of the deceased person". 47.2 After subsection 162 (3),
insert:
"(3A) In subsection (3): 'legal personal representative', in relation to a
deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate.". 48. Section
170 (Trustee to give Official Receiver and bankrupt information etc)
48.1 Subsection 170 (2): Omit the subsection, substitute:
"(2) At the request of the legal personal representative of the deceased
person, the trustee must give to the legal personal representative information
reasonably required by the legal personal representative concerning the
affairs of the deceased person.
"(3) In subsection (2): 'legal personal representative', in relation to a
deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order; of
the deceased person's estate, or a part of that estate.".
