Victorian Consolidated Legislation

Trustee Companies Act 1984 - SECT 44

Power to make distribution if claimants fail to claim

44. Power to make distribution if claimants fail to claim



(1) This section applies if-

   (a)  a trustee company has been granted probate of a will or administration
        of an estate; and

   (b)  the trustee company has been informed of the existence at any time of
        a person who, if he or she had survived the testator or intestate,
        would have been entitled to a legacy under the will or to the whole or
        a distributive share of the estate; and

   (c)  a claim has not been made within 3 years after the grant of probate or
        administration by the person or any person claiming through that
        person or as one of his or her issue.

(2) The trustee company may-

   (a)  submit a report to the Court specifying the material facts; and

   (b)  obtain a direction from the Court as to the manner, form and type of
        advertisements to be made before a distribution can be made.

(3) The trustee company may distribute an estate as if the person had
predeceased the testator or intestate without issue if-

   (a)  the trustee company has obtained a direction from the Court under
        subsection (2); and

   (b)  the trustee company has complied with the direction; and

   (c)  the claim of any claimant has been finally dealt with.

(4) Nothing in this section shall prejudice the right of any person to follow
the assets or any part of the assets into the hands of the person or persons
who have received them.

(5) This section shall not be construed as in derogation from the provisions
of section 33 of the Trustee Act 1958.

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