58Payment without grant of probate etc

58 Payment without grant of probate etc

58 Payment without grant of probate etc

(1) Where a person dies and—

(a) a benefit is or becomes payable from the Fund in relation to the deceased,

(b) production to the Board of probate of the will, or letters of administration of the estate, of the deceased has not been arranged, and

(c) the Board has not, within the period of 3 months that next succeeds the death of the deceased, received a notice of intention to apply for a grant of probate of the will, or letters of administration of the estate, of the deceased,

the Board may, if it so decides, make a payment of the whole or any part of the benefit in accordance with subsection (2), being a payment that does not exceed $50,000 or, where some other amount is prescribed for the purposes of this section, that other amount.

(2) Where the Board makes a decision under subsection (1), the Board may—

(a) pay the whole or any part of the amount of the benefit to an eligible person within the meaning of the Family Provision Act 1982,

(b) after paying the funeral expenses of the deceased or reimbursing a person who has paid those expenses—pay the whole or any part of the balance to any person referred to in paragraph (a), or

(c) in special circumstances, pay the whole or any part of the amount of the benefit, or the balance referred to in paragraph (b), to some other person.

(3) Where a contributor or former contributor dies and the Board is of the opinion that proceedings might be instituted under the Family Provision Act 1982 in relation to the estate, or notional estate, of the deceased, the Board may, despite any other provision of this Act, pay to the personal representatives of the deceased any benefit that, but for this subsection, would have been paid to some other person.

s 58: Am 1976 No 28, Sch 2 (2). Subst 1987 No 217, Sch 1 (6).