Victorian Consolidated Legislation

Trustee Companies Act 1984 - SECT 43

PART VIII CLAIMS AND DISTRIBUTION

Refusal of claim

43. Refusal of claim



(1) Whenever a trustee company refuses to recognize in whole or in part the
claim of a person who claims to be a creditor against the estate of any
deceased person, the trustee company may give notice in writing of such
refusal to the person so claiming.

(2) If the person does not, within three months after the receipt of a notice
under subsection (1), institute proceedings to enforce the claim, it shall be
lawful for the trustee company to distribute the assets of the deceased person
without regard to the claim or to so much of the claim as the trustee company
has by the notice refused to recognize, and thereupon the right of the person
to recover the amount of the claim or the part of the claim which the trustee
company has by the notice refused to recognize shall be absolutely barred.

(3) For the purposes of this section, a notice may be served on a person by
posting it in a registered letter addressed to the person at the address given
in the claim, and such a notice shall be deemed to have been received by the
person in the ordinary course of post unless the trustee company has notice to
the contrary before the distribution of the assets.