sec.88Disposal of property on death where value under $75,000

### sec.88 Disposal of property on death where value under $75,000 Where— an incapacitated person has died; and the public trustee is holding money or other property belonging to the incapacitated person; and the amount of the money, or the value of the property as assessed by the public trustee, or, if both money and other property are held, the total of the amount of the money and the value of the property as assessed by the public trustee does not exceed $75,000; the public trustee may, without requiring the production of a grant of administration, pay such money or deliver such property or pay such money and deliver such property, as the case requires, to a person— who is the spouse, father, mother, child, brother, sister, nephew or niece of the incapacitated person; or who satisfies the public trustee that in consequence of the death of the incapacitated person the person is entitled to property under the incapacitated person’s will or on intestacy or that the person is entitled to obtain a grant of administration of the estate of the incapacitated person. The public trustee shall thereupon be discharged from all further liability in respect of such money or other property. Any person to whom any such money or property is paid or delivered shall apply the same in due course of administration and, if the public trustee thinks fit, the public trustee may require that person to give sufficient security by bond or otherwise that the money or property will be so applied. For subsection (1) (d) , the spouse of the incapacitated person includes a de facto partner of the person only if the person and the de facto partner had lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA for a continuous period of at least 2 years ending on the person’s death. Subsection (4) applies despite the Acts Interpretation Act 1954 , sections 32DA (6) . s 88 amd 1988 No. 73 s 5 ; 1994 No. 24 s 3 (1) sch ; 2002 No. 74 s 63 ; 2004 No. 43 s 105 (sec.88-ssec.1) Where— an incapacitated person has died; and the public trustee is holding money or other property belonging to the incapacitated person; and the amount of the money, or the value of the property as assessed by the public trustee, or, if both money and other property are held, the total of the amount of the money and the value of the property as assessed by the public trustee does not exceed $75,000; the public trustee may, without requiring the production of a grant of administration, pay such money or deliver such property or pay such money and deliver such property, as the case requires, to a person— who is the spouse, father, mother, child, brother, sister, nephew or niece of the incapacitated person; or who satisfies the public trustee that in consequence of the death of the incapacitated person the person is entitled to property under the incapacitated person’s will or on intestacy or that the person is entitled to obtain a grant of administration of the estate of the incapacitated person. (sec.88-ssec.2) The public trustee shall thereupon be discharged from all further liability in respect of such money or other property. (sec.88-ssec.3) Any person to whom any such money or property is paid or delivered shall apply the same in due course of administration and, if the public trustee thinks fit, the public trustee may require that person to give sufficient security by bond or otherwise that the money or property will be so applied. (sec.88-ssec.4) For subsection (1) (d) , the spouse of the incapacitated person includes a de facto partner of the person only if the person and the de facto partner had lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA for a continuous period of at least 2 years ending on the person’s death. (sec.88-ssec.5) Subsection (4) applies despite the Acts Interpretation Act 1954 , sections 32DA (6) . - (a) an incapacitated person has died; and - (b) the public trustee is holding money or other property belonging to the incapacitated person; and - (c) the amount of the money, or the value of the property as assessed by the public trustee, or, if both money and other property are held, the total of the amount of the money and the value of the property as assessed by the public trustee does not exceed $75,000; - (d) who is the spouse, father, mother, child, brother, sister, nephew or niece of the incapacitated person; or - (e) who satisfies the public trustee that in consequence of the death of the incapacitated person the person is entitled to property under the incapacitated person’s will or on intestacy or that the person is entitled to obtain a grant of administration of the estate of the incapacitated person.