Sch 4Modifications under Part XI of the Act—administration of estates of deceased persons

Schedule 4—Modifications under Part XI of the Act—administration of estates of deceased persons Note: See section 71. 1 Section 49 Omit “debtor”, substitute “deceased debtor’s estate”. 2 Subsection 50(1) Omit “debtor, but before the debtor becomes”, substitute “debtor who dies after presentation of a creditor’s petition but before becoming”. 3 Paragraph 50(1)(a) 4 Paragraph 50(1)(b) Omit “property”, substitute “estate”. 5 Paragraph 50(1A)(c) Omit “debtor”, substitute “deceased debtor’s legal personal representative”. 6 Subsection 50(1B) 7 Subsection 50(2) Omit “debtor” (first occurring), substitute “legal personal representative of the deceased debtor”. 8 Subsection 50(2) Before “debtor” (second and third occurring), insert “deceased debtor”. 9 Subsection 50(3) Omit “debtor and the debtor’s”, substitute “deceased debtor and the deceased debtor’s”. 10 Subsection 50(4) Before “debtor” (wherever occurring), insert “deceased”. 11 Subsection 50(4) 12 Paragraph 50(5)(a) Omit “a sequestration order had been made against the debtor”, substitute “an order had been made for the administration of the estate of the deceased debtor”. 13 Paragraph 50(5)(c) Omit “debtor’s bankruptcy if a sequestration”, substitute “administration of the deceased debtor’s estate if an”. 14 At the end of section 50 Add: (6) In this section: 15 Subsection 73(1) 16 Subsection 73(1) Omit “his or her” (wherever occurring), substitute “the deceased debtor’s”. 17 At the end of section 73 Add: (2) In this section: 18 Section 74 #### 74 Annulment of administration (1) If a proposal to annul the administration of an estate is accepted by a special resolution of creditors at a meeting held in accordance with the Insolvency Practice Rules, the administration of the estate is annulled, by force of this subsection, on the day the special resolution is passed. (2) Within 2 business days after that day, the trustee of the estate must give to the Official Receiver a certificate, signed by the trustee, of the following matters: (a) the name of the estate; (b) the number of the administration; (c) the terms and date of the special resolution. Penalty: 5 penalty units. > Note: See also section 277B (about infringement notices). (4) The Official Receiver must enter the day on which the administration of the estate is annulled in the National Personal Insolvency Index. 19 Subsections 74A(2) and (3) Omit “debtor”, substitute “legal personal representative of the deceased debtor”. 20 At the end of section 74A Add: (8) In this section: 21 Subsection 75(2) 22 Subsection 81(1) (1) At any time during or after the administration under Part XI of the estate of a deceased debtor (the relevant person), the Court may, on the application of: (a) a person (a creditor) who has or had a debt provable in the administration; or (b) the trustee of the estate of the relevant person; or summon an examinable person in relation to the estate of the relevant person for examination in relation to the administration. (1AA) For the purposes of subsection (1): > examinable person, in relation to an estate of the relevant person, means: (a) a person who is believed to be indebted to the estate; or (b) a person who may be able to give information about the relevant person or the examinable affairs of the relevant person; or (c) a person who has possession of books that may relate to: (iii) the estate; or (d) the executor under the relevant person’s will; or (e) the administrator under letters of administration or court order; of the relevant person’s estate, or a part of that estate. 23 Paragraph 81(1B)(b) (b) relate to: (iii) the estate of the relevant person. 24 Subsection 81(11AA) 25 Subsection 81(12) Before “relevant person” (wherever occurring), insert “estate of the”. 26 Subsection 81(14) Omit “person, other than the relevant person,”, substitute “person”. 27 Subsection 82(1) Omit all the words from and including “a bankrupt” to the end of the subsection, substitute “the estate of a deceased debtor was subject at the day of the order for the administration of the estate, or to which the estate may become subject because of an obligation incurred before that day, are provable in the administration of the estate”. 28 Subsection 82(1A) Omit “bankrupt under a maintenance agreement or maintenance order before the date of the bankruptcy”, substitute “deceased debtor under a maintenance agreement or maintenance order during the person’s lifetime and before the date of the order for the administration of the deceased debtor’s estate”. 29 Paragraph 82(8)(b) Omit “discharge of the bankrupt”, substitute “end of the administration of the deceased debtor’s estate”. 30 Section 87 Omit “debtor had not become a bankrupt”, substitute “estate of the deceased debtor had not become subject to administration under Part XI”. 31 Section 88 Omit “A payment made by a debtor to a creditor before the debtor became a bankrupt and representing in part principal and in part interest”, substitute: A payment that: (a) is made to a creditor by; (i) the deceased debtor before the person’s death; or (ii) the deceased debtor’s estate before the date of the order for the administration of the estate; and (b) represents in part principal and in part interest; 32 Section 95 Omit “person was, at the time when he or she became a bankrupt”, substitute “deceased debtor whose estate is being administered under Part XI was, at the time of the debtor’s death”. 33 Subsection 104(1) 34 At the end of section 104 Add: 35 Paragraph 109(1)(a) After “petitioning creditor”, insert “or the trustee of the deceased debtor’s estate”. 36 Paragraph 109(1)(b) 37 Subsection 109A(1) (a) a contract of employment with a person who has since died and whose estate is being administered under Part XI was subsisting immediately before the day of the person’s death; or (b) a contract of employment with the trustee, in the trustee’s capacity as trustee, of an estate that is being administered under Part XI was subsisting immediately before the day of the order for the administration; the employee under the contract is, whether or not the employee is a person referred to in subsection (2), entitled to payment under section 109 as if the employee’s employment had been terminated: (c) in the case that paragraph (a) applies: (i) by the person; and mentioned in that paragraph; or (d) in the case that paragraph (b) applies: (i) by the trustee; and mentioned in that paragraph. 38 Subsection 109A(2) After “trustee” (wherever occurring), insert “or legal personal representative”. 39 At the end of section 109A Add: (5) In this section: 40 Section 110 41 Section 114 Omit “becomes a bankrupt”, substitute “dies, and the debtor’s estate becomes subject to administration under Part XI,”. 42 Paragraph 117(1)(a) 43 Paragraph 117(1)(b) Omit “which he or she”, substitute “which the deceased debtor”. 44 Paragraph 117(1)(b) Omit “(whether before or after he or she became a bankrupt)”, substitute “at any time”. 45 Subsection 117(1) 46 Subsection 117(1) Omit “in the trustee”, substitute “in the trustee of the deceased debtor’s estate being administered under Part XI”. 47 Paragraph 118(1)(a) Omit “the presentation of a petition, or after the presentation of a petition, against a”, substitute “the making of an order under Part XI, or after the making of such an order, for the administration of the estate of a deceased”. 48 Subparagraph 118(1)(a)(ii) 49 Paragraph 118(1)(b) 50 Subsection 118(1) 51 Subsection 118(3) 52 Subsection 118(3) Omit “bankruptcy”, substitute “administration of the estate”.