ADMINISTRATION AND PROBATE ACT 1958 - SECT 30C State Trustees' power to pay balance if deceased had property in and outside Victoria

ADMINISTRATION AND PROBATE ACT 1958 - SECT 30C

    (1)     In this section—

"place outside Victoria" means—

        (a)     another State or a Territory; or

        (b)     New Zealand; or

        (c)     any other country with which State Trustees has a reciprocity agreement;

"proper officer" means any officer in a place outside Victoria discharging duties corresponding to those discharged by State Trustees in Victoria.

    (2)     If State Trustees has been granted probate of the will or administration of the estate in Victoria of any person—

        (a)     who was at the time of his or her death domiciled in a place outside Victoria; and

        (b)     whose estate in the place outside Victoria is being administered by a proper officer—

State Trustees may pay or cause to be paid to the proper officer the balance of the estate after the payment of creditors and the fees and charges which State Trustees is entitled or required to deduct without seeing to the application of the balance and without incurring any liability in regard to the payment to the proper officer.

    (3)     If State Trustees has been granted probate of the will or administration of the estate in Victoria of any person—

        (a)     who was at the time of his or her death domiciled in Victoria; and

        (b)     whose estate in a place outside Victoria is being administered by a proper officer—

State Trustees may receive from the proper officer the balance of the estate in the place outside Victoria after the payment of creditors and the fees and charges provided for under the law of that place.

    (4)     Any balance received under subsection (3) forms part of the estate of the deceased to be dealt with according to the law of Victoria.

S. 30D inserted by No. 45/1994

s. 40.