sec.131Barring of claims

### sec.131 Barring of claims Where— the public trustee refuses to recognise, whether wholly or partially, a claim which has been made— to or against an estate under administration or any part thereof; or against the public trustee on the ground of the public trustee being under any liability in respect of which the public trustee would be entitled to reimbursement out of an estate under administration; or to the ownership of, or of any interest in, any property which the public trustee has in the public trustee’s possession or under the public trustee’s control and which appears to the public trustee to be an asset in an estate under administration; or any person who has been called upon by notice in writing to lodge such a claim fails for a period of 1 month so to lodge the person’s claim; the public trustee may give notice in writing to the claimant or the person called upon to claim of the public trustee’s refusal to recognise any such claim, in whole or in part, or of the public trustee’s non-receipt of such claim, whichever the case may be. If such claimant or person called upon does not, within 3 months after the service of such notice, either satisfy the public trustee of the validity of the person’s claim or institute legal proceedings to enforce such claim and serve the public trustee with the originating process, the public trustee may deal with the estate or property without taking into consideration the existence of any such claim, or taking into consideration only that portion of a claim of which the public trustee has not given notice of refusal to recognise, and thereupon the right of such claimant or person called upon to recover the amount of the claim or the portion thereof in respect of which such notice was given shall be absolutely barred as against so much of the estate or property as has been distributed. (sec.131-ssec.1) Where— the public trustee refuses to recognise, whether wholly or partially, a claim which has been made— to or against an estate under administration or any part thereof; or against the public trustee on the ground of the public trustee being under any liability in respect of which the public trustee would be entitled to reimbursement out of an estate under administration; or to the ownership of, or of any interest in, any property which the public trustee has in the public trustee’s possession or under the public trustee’s control and which appears to the public trustee to be an asset in an estate under administration; or any person who has been called upon by notice in writing to lodge such a claim fails for a period of 1 month so to lodge the person’s claim; the public trustee may give notice in writing to the claimant or the person called upon to claim of the public trustee’s refusal to recognise any such claim, in whole or in part, or of the public trustee’s non-receipt of such claim, whichever the case may be. (sec.131-ssec.2) If such claimant or person called upon does not, within 3 months after the service of such notice, either satisfy the public trustee of the validity of the person’s claim or institute legal proceedings to enforce such claim and serve the public trustee with the originating process, the public trustee may deal with the estate or property without taking into consideration the existence of any such claim, or taking into consideration only that portion of a claim of which the public trustee has not given notice of refusal to recognise, and thereupon the right of such claimant or person called upon to recover the amount of the claim or the portion thereof in respect of which such notice was given shall be absolutely barred as against so much of the estate or property as has been distributed. - (a) the public trustee refuses to recognise, whether wholly or partially, a claim which has been made— (i) to or against an estate under administration or any part thereof; or (ii) against the public trustee on the ground of the public trustee being under any liability in respect of which the public trustee would be entitled to reimbursement out of an estate under administration; or (iii) to the ownership of, or of any interest in, any property which the public trustee has in the public trustee’s possession or under the public trustee’s control and which appears to the public trustee to be an asset in an estate under administration; or - (i) to or against an estate under administration or any part thereof; or - (ii) against the public trustee on the ground of the public trustee being under any liability in respect of which the public trustee would be entitled to reimbursement out of an estate under administration; or - (iii) to the ownership of, or of any interest in, any property which the public trustee has in the public trustee’s possession or under the public trustee’s control and which appears to the public trustee to be an asset in an estate under administration; or - (b) any person who has been called upon by notice in writing to lodge such a claim fails for a period of 1 month so to lodge the person’s claim; - (i) to or against an estate under administration or any part thereof; or - (ii) against the public trustee on the ground of the public trustee being under any liability in respect of which the public trustee would be entitled to reimbursement out of an estate under administration; or - (iii) to the ownership of, or of any interest in, any property which the public trustee has in the public trustee’s possession or under the public trustee’s control and which appears to the public trustee to be an asset in an estate under administration; or