JUSTICE LEGISLATION AMENDMENT (SUCCESSION AND SURROGACY) ACT 2014 (NO. 80 OF 2014) - SECT 9 Protection of personal representative against certain claims

JUSTICE LEGISLATION AMENDMENT (SUCCESSION AND SURROGACY) ACT 2014 (NO. 80 OF 2014) - SECT 9

    (1)     In section 99A(1) of the Administration and Probate Act 1958 —

        (a)     for "his" substitute "the personal representative";

        (b)     for "order under this Part" substitute "family provision order";

        (c)     after "application under this Part" insert "for a family provision order".

    (2)     In section 99A(2) of the Administration and Probate Act 1958 —

        (a)     after "this Part" insert "for a family provision order";

        (b)     for "his" substitute "the personal representative".

    (3)     For section 99A(3) and (4) of the Administration and Probate Act 1958 substitute —

    "(3)     No action lies against a personal representative by reason of the personal representative having distributed any part of the estate if the distribution was properly made by the personal representative after the expiry of 6 months after the grant of probate of the will or of letters of administration (as the case may be) and either—

        (a)     the personal representative has not had notice of an application for a family provision order in respect of the estate; or

        (b)     if the personal representative has had a notice of an intention to make an application for a family provision order in respect of the estate in accordance with subsection (4), the personal representative has not received written notice that an application for a family provision order has been made to the Court within 3 months of the receipt of that notice of an intention to make an application for a family provision order.

    (4)     For the purposes of this section, notice to a personal representative of an intention to make any application for a family provision order referred to in subsection (3)(b)—

        (a)     must be in writing signed by the eligible person or the eligible person's legal practitioner; and

        (b)     lapses within 3 months from the receipt of the notice by the personal representative unless an application for a family provision order has been made to the Court; and

        (c)     is incapable of being renewed.

    (5)     Nothing in this section—

        (a)     extends the period within which a person can make an application for a family provision order without a Court order; or

        (b)     prevents the subsequent making of an application for a family provision order within any other period allowed by this Act.".

s. 9

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