33Dispute involving claims

33 Dispute involving claims (1) The public trustee and guardian may, in connection with the administration of a deceased estate, give public notice that any person who claims to be a creditor against the estate must notify the public trustee and guardian, in writing, of the claim within the period stated in the notice. (a) the public trustee and guardian gives public notice under subsection (1); and (b) a claim is made by a person in accordance with the notice; and (c) the public trustee and guardian disputes, in whole or in part, the claim of the person; the public trustee and guardian shall give to the person a notice, in writing— (d) setting out the decision of the public trustee and guardian; and (e) calling upon the person to institute proceedings to enforce the claim within 3 months after the receipt by the person of the notice; and (f) containing a statement informing the person of the effect of a refusal or failure by the person to comply with the notice.

(3) If a person to whom a notice is given under subsection (2) does not, within the period specified in the notice, or within such further period as the court, on an application made to it by the person before the expiration of that firstmentioned period, allows, institute proceedings to enforce the person’s claim— (a) the public trustee and guardian may deal with the estate in connection with which the notice under subsection (1) was published without taking into consideration the claim or so much of the claim as the public trustee and guardian disputes; and (b) the right of the person to recover the amount of the claim or that part of the claim that the public trustee and guardian disputes shall be absolutely barred.