Northern Territory Consolidated Acts

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WILLS ACT - SECT 55

Personal representative may make maintenance distribution within 30 days

55. Personal representative may make maintenance distribution within 30 days

(1) If a surviving person who is wholly or substantially dependent on a deceased person has an entitlement under the deceased person's will that does not become absolute until 30 days after his or her death, the deceased person's personal representative may make a distribution for the maintenance, support or education of the surviving person before the 30 day period expires.

(2) A personal representative who makes a distribution under subsection (1) is not liable if the distribution was made in good faith.

(3) The personal representative may make a distribution under subsection (1) even if he or she knows at the time of making the distribution of a pending application under the Family Provision Act in respect of the estate of the deceased person.

(4) Subject to subsection (5), a sum distributed under subsection (1) is to be deducted from the share of the estate to which the person receiving the distribution becomes entitled.

(5) If a person to whom a distribution is made under subsection (1) does not survive the deceased person for 30 days, the distribution is to be taken to be an administration expense.



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