65Power of Public Trustee to distribute estate when no claims received

65 Power of Public Trustee to distribute estate when no claims received

[Section 65 Substituted by No. 14 of 1977, s. 14 ]

(1)  [Section 65 Subsection (1) substituted by No. 23 of 2009, s. 42, Applied:16 Jun 2009] If the Public Trustee cannot distribute an estate because a person entitled to it cannot be located, then –

(a) in the case of a small estate, the Public Trustee may distribute the estate without regard to the person entitled to the estate who cannot be located; or

(b) in the case of any other estate, the Public Trustee must, by advertisement in a newspaper, call on the person entitled to the estate who cannot be located to identify himself or herself to the Public Trustee within the time specified in the advertisement.

(2)  [Section 65 Subsection (2) amended by No. 23 of 2009, s. 42, Applied:16 Jun 2009] Where a person referred to in subsection (1)(b) does not identify himself or herself to the Public Trustee within the time specified in the relevant advertisement, the Public Trustee may distribute the estate concerned or any part of it without regard to the claim of that person or a person claiming by, through, or under him, whether by derivative title or otherwise.

(3)  After making a distribution pursuant to subsection (2) , the Public Trustee shall forthwith file in the Court an affidavit giving particulars of the advertisement or advertisements he has published and stating that no person has sent a claim to him, and thereupon the Public Trustee is exonerated from any further liability in respect of the estate or part of the estate so distributed by him.

(3A)  [Section 65 Subsection (3A) inserted by No. 23 of 2009, s. 42, Applied:16 Jun 2009] The Public Trustee has no liability in respect of a distribution of a small estate pursuant to subsection (1)(a) if the Public Trustee, after making the distribution, files an affidavit with the Court stating that no claimant, other than those to whom the estate was distributed, could be located prior to the distribution.

(4)  *[Section 65 Subsection (4) added by No. 44 of 1977, s. 2 ]*Nothing in this section –