ADMINISTRATION AND PROBATE ACT 1958 - SECT 70Y Restriction on disposal of property from intestate's estate

ADMINISTRATION AND PROBATE ACT 1958 - SECT 70Y

    (1)     This section does not apply if the partner is entitled to the whole of the intestate's estate.

    (2)     The personal representative of an intestate must not dispose of property from the intestate's estate (except to a partner who has made a partner's property election) unless—

        (a)     the personal representative is the partner entitled to make the election; or

        (b)     the time for exercising the election has elapsed and no election has been made; or

        (c)     the election is of a kind that requires the Court to make an acquisition authorisation order but—

              (i)     the acquisition authorisation order has been refused; or

              (ii)     the application for an acquisition authorisation order has been withdrawn; or

        (d)     the partner has given written notice to the personal representative that the partner does not propose to exercise the right to make a partner's property election from the estate; or

        (e)     sale of the property is required to meet funeral and administration expenses, debts or other liabilities of the estate; or

        (f)     the property is perishable or likely to decrease rapidly in value.

    (3)     A transaction entered into in contravention of subsection (2) is not invalid merely because of that contravention.

Division 5—Distribution if intestate

leaves multiple partners

S. 70Z inserted by No. 41/2017 s. 11.