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ADMINISTRATION AND PROBATE ACT 1958 - SECT 70ZD Distribution orders

ADMINISTRATION AND PROBATE ACT 1958 - SECT 70ZD

Distribution orders

    (1)     If an intestate leaves more than one partner, a partner may apply to the Court for a distribution order.

    (2)     Unless the Court otherwise orders, if a personal representative has given notice under section 70ZE(1) an application for a distribution order must be made within 3 months after the date of the notice.

    (3)     On an application for a distribution order, the Court may order—

        (a)     that the intestate's residuary estate be distributed between the partners in any way the Court considers just and equitable; and

        (b)     without limiting paragraph (a), that the whole of the residuary estate be allocated to one of the partners to the exclusion of the other partner or partners.

    (4)     A distribution order may include any conditions that the Court considers appropriate.

S. 70ZE inserted by No. 41/2017 s. 11.