Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 30

Executors or administrators may serve notice on claimant

30. Executors or administrators may serve notice on claimant



(1) A personal representative, having notice, whether under the provisions of
section thirty-three of the Trustee Act 1958 or otherwise, that any claim has
been or may be made against the estate of which he is the personal
representative, may serve upon any person making or possibly entitled to make
such claim a notice requiring such person to take within a period of three
months from the date of receiving such notice all proceedings proper to
enforce or to establish such claim and to duly prosecute the same.

(2) After the expiration of the said period of three months such personal
representative may apply to the Court for an order to some such effect as
hereinafter in this section mentioned.

(3) Upon the hearing of such application the Court, if not satisfied that such
proceedings as aforesaid have been taken and are being duly prosecuted, may-

   (a)  order that the said period be extended; or

   (b)  order that the claim of any person so served with notice of the
        application be for all purposes barred; or

   (c)  make any further or other order enabling the estate to be distributed
        or dealt with without regard to the claim; and

   (d)  in any case impose such conditions and give such directions including
        a direction as to the payment of the costs of or incidental to the
        application as to the Court seems just.