58Where Public Trustee may distribute assets after notice of rejection of claim of creditor

58 Where Public Trustee may distribute assets after notice of rejection of claim of creditor

(1)  Whenever the Public Trustee refuses to recognize the whole or part of the claim of any person who claims to be a creditor against the estate of any deceased person, he may give notice in writing of such refusal to such person, and, if such person does not, within one month, after the receipt of such notice or such further time as the Public Trustee may by such notice appoint, institute proceedings to enforce such claim, it shall be lawful for the Public Trustee to distribute the assets of such deceased person without regard to the claim, or to so much thereof as the Public Trustee has by the said notice refused to recognize, and thereupon the right of such person to recover the amount of the claim, or the portion thereof, which the Public Trustee has by the said notice refused to recognize, shall be absolutely barred.

(2)  For the purposes of this section a notice may be served on any such person by post, in a registered letter addressed to the address given in the claim, and every such notice shall be deemed to have been received by such person in the ordinary course of post, unless the Public Trustee has notice to the contrary before the distribution of the assets of such deceased person.