TRUSTEE ACT 1936 - SECT 29
TRUSTEE ACT 1936 - SECT 29
29—Distribution of estate after notice by representative or trustee
(1) Where a
representative or trustee has given notices such as would have been given by
the court in an administration action for creditors, beneficiaries, and others
to send in to the representative or trustee their claims against the estate of
the deceased person or against the trust property, the representative or
trustee may, at the expiration of the time named in the notices, distribute
the estate of the deceased person or the trust property or any part thereof
amongst the persons entitled thereto, having regard only to the claims of
which he then has notice, and shall not be liable for the estate or property
or any part thereof so distributed to any person of whose claim he had no
notice at the time of the distribution.
(2) Where a
representative or trustee has received a claim or notice of claim against the
estate of a deceased person or against a trust property, and he disputes the
claim, that representative or trustee may give to the person making the claim,
or giving the notice, a notice in writing that the claim is disputed, and
requiring the claimant either to withdraw the claim or to institute
proceedings to enforce it within six months of the service of the
last-mentioned notice; and if the claim is not so withdrawn or prosecuted, the
representative or trustee may apply by summons in chambers to any judge of the
Supreme Court, on affidavit setting out the facts for an order that, as
against such representative or trustee, the claim shall be absolutely barred,
and any such judge may make such order as he deems just, and the order shall
bind all persons whom it purports to affect.
(3) Nothing in this
section shall prejudice the right of any person to follow the estate or
property or any part thereof into the hands of any person who has received it.
(4) A representative
or trustee desirous of giving notices under this section may, on application,
obtain the direction of the Supreme Court, or of the Master thereof, as to
what notices are proper to be given, and as to the mode of service.
(5) The Supreme Court
may require that notice be given of an application under subsection (4)
to any person who has, in the opinion of the Court, a proper interest in the
matter (but an order may be made, if the Court thinks fit, although no notice
has been given of the application).