103Inquiries as to validity of claim

103 Inquiries as to validity of claim (1) If, in the administration of an estate by a professional personal representative, a person claims against the estate (whether as a creditor or beneficiary) and the professional personal representative is in doubt as to the validity of the claim, the professional personal representative: (a) may institute the inquiries that the representative thinks proper regarding the claim; and (b) may, by a summons, require the claimant or any other person to appear and answer all the questions that may be put to the claimant or other person with reference to the claim before: (i) if the value of the claim does not exceed the small claims limit, as defined in section 5(1) of the Small Claims Act 2016 on the date the claim is made – NTCAT; or (ii) otherwise – a Judge. (2) The professional personal representative must pay or tender to a person summonsed under this section to appear before: (a) NTCAT – the same amount as the person would be entitled to if the person had been summonsed as a witness to NTCAT; or (b) a Judge – the same amount as the person would be entitled to if the person had been summonsed as a witness to the Court. Administration and Probate Act 1969 47 (3) If a claimant served with a summons under this section: (a) fails to attend before NTCAT or the Judge at the time and place specified in the summons or at an adjournment of the hearing in respect of the summons; or (b) refuses or fails to truly answer a question put to the claimant by or on behalf of the professional personal representative, NTCAT or the Judge may direct that the professional personal representative may reject the claim. (4) For proceedings under this section, NTCAT must be constituted by one or more of the following: (a) the President of NTCAT; (b) a Deputy President of NTCAT; (c) an ordinary member appointed with reference to section 16(2)(a) of the Northern Territory Civil and Administrative Tribunal Act 2014.