16Grant on presumption of death

16 Grant on presumption of death (1) Where the Court makes a grant of probate of the will, or administration of the estate, of a person upon evidence supporting a presumption of the death of the person: (a) the grant shall be expressed to be made on presumption of the death of the person; (b) the estate of the person shall not be distributed without the leave of the Court; (c) the Court may, in the probate or administration or by an order made at any time, give leave to distribute the estate; (d) the Court may, in giving leave to distribute the estate of the person, direct that the distribution shall not be made unless each person who is to take under the distribution gives an undertaking or security that he or she will, if the probate or administration is revoked, restore the property received by him or her under the distribution to the person entitled to it, or pay to that person an amount equal to the value of that property; and (e) the Court may direct the executor or the administrator to give, before he or she distributes the estate, such notices (including a notice specifying a date before which a caveat against the distribution of the estate may be lodged with the Registrar) as the Court thinks fit. (2) Where an executor or administrator of an estate has given the notices that the Court has, under subsection (1), directed him or her to give before distributing the estate, the executor or administrator: (a) may, subject to subsection (3), after the expiration of the period specified in the notices, distribute the estate among the persons entitled to it, having regard only to the claims of which the executor or administrator has notice at the time of the distribution; and (b) is not liable, in respect of any part of the estate so distributed, to a person entitled to that part of whose claim he or she did not have notice at the time of the distribution. (3) Where a caveat against the distribution of an estate has been lodged with the Registrar under subsection (1): (a) the executor or administrator shall not distribute the estate among the persons entitled to it except in pursuance of an order of the Court under subsection (4); and Administration and Probate Act 1969 5 (b) the executor or administrator, the person who lodged the caveat or a person interested in the distribution of the estate may make application to the Court for an order under subsection (4). (4) The Court may, upon application under subsection (3)(b), make an order authorizing the executor or administrator of an estate to distribute the estate among the persons entitled to it notwithstanding the lodging of a caveat under subsection (1). (5) An order under subsection (4) may authorize the distribution of the estate subject to such conditions as the Court thinks fit. (6) Where, in relation to the enforcement of an undertaking or security given under subsection (1), a dispute arises as to the value of any property received under a probate or administration that is revoked, the Court may, upon application by any person affected by the undertaking or security, make such order in respect of the property as it thinks fit. (7) The Court may upon application by a person who has given an undertaking or security under subsection (1) or the executor or administrator of the estate of such a person, make such order for the termination or modification of the obligations under the undertaking or security as it thinks fit.