Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 30A

State Trustees' power to make distribution after notice of refusal

30A. State Trustees' power to make distribution after notice of refusal



(1) If State Trustees refuses to recognise in whole or in part the claim of
any person against the estate of any deceased person, State Trustees must
serve a notice of the refusal specifying that proceedings to enforce the claim
must be instituted within 3 months of the notice being served on the person by
registered post to the person's last known address.

(2) If the person does not institute proceedings to enforce the claim within 3
months of being served with the notice of refusal State Trustees may
distribute the assets of the deceased person without regard to the claim
specified in the notice of refusal.

(3) After the distribution is made the right of the person to recover the
claim specified in the notice of refusal is absolutely barred.



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