60Provisions for closing administration of estate after notice

60 Provisions for closing administration of estate after notice

[Section 60 Amended by 25 Geo. V No. 78 ]

(1)  *[Section 60 Subsection (1) amended by No. 55 of 1965, s. 5 ]**[Section 60 Subsection (1) amended by No. 14 of 1977, s. 10 ]*When a testate or intestate estate is under administration by the Public Trustee, he may –

(a) publish once in each week for two consecutive weeks in at least one newspaper published in or circulating in the locality in which the deceased resided or carried on business immediately prior to his decease, or, if the deceased died out of this State, then in such newspapers as the Public Trustee may think fit, a notice requiring all persons having claims against the said estate, whether as creditors or otherwise, to send in such claims to the Public Trustee within the time limited in such notice, being not less than one month from the first publication of such notice;

(b) upon the expiration of the time limited in such notice, distribute the assets of the deceased, or any part thereof, amongst the persons entitled thereto, having regard to the claims of which the Public Trustee has then notice;

(c) where any such estate is of less value than $1 000, distribute the same without giving any such notice as aforesaid.

(2)  The Public Trustee shall not be liable for the assets so distributed, or any part thereof, to any person of whose claim he has no notice at the time of distribution thereof, but this provision shall not prejudice the right of any subsequent claimant to enforce his claim against the persons who have benefited by such distribution to the extent of such benefit.

(3)  For the purposes of this section, the word distribute, as to real estate, means "convey and assure the real estate to the person entitled thereto".

(4)  The provisions of this section shall not prevent the Public Trustee, as executor or administrator, from making distributions under any other law or statute, or prejudice the protection thereby afforded, where he makes distribution pursuant to such law or statute.