sec.33AProtection of personal representatives who distribute as if the will had not been rectified

### sec.33A Protection of personal representatives who distribute as if the will had not been rectified This section applies if— a will is rectified under section 33 ; and a personal representative makes a distribution to a beneficiary as if the will had not been rectified. The personal representative is not liable if the distribution is made under section 49A . The personal representative is also not liable if the distribution is made not earlier than 6 months after the testator’s death and without notice of either of the following— an application, or intended application, for an order to rectify the will; an application, or intended application, under section 41 (1) or 42 in relation to the testator. If the personal representative receives notice of an application or intended application mentioned in subsection (3) (a relevant application ), the personal representative is not liable if— the distribution is made not earlier than 9 months after the testator’s death; and the personal representative has not— received notice that a relevant application has been started in the court; or been served with a copy of a relevant application. For subsections (3) and (4) , a notice in relation to an application or intended application must be in writing signed by the applicant or the applicant’s legal practitioner. s 33A ins 2006 No. 1 s 6 (sec.33A-ssec.1) This section applies if— a will is rectified under section 33 ; and a personal representative makes a distribution to a beneficiary as if the will had not been rectified. (sec.33A-ssec.2) The personal representative is not liable if the distribution is made under section 49A . (sec.33A-ssec.3) The personal representative is also not liable if the distribution is made not earlier than 6 months after the testator’s death and without notice of either of the following— an application, or intended application, for an order to rectify the will; an application, or intended application, under section 41 (1) or 42 in relation to the testator. (sec.33A-ssec.4) If the personal representative receives notice of an application or intended application mentioned in subsection (3) (a relevant application ), the personal representative is not liable if— the distribution is made not earlier than 9 months after the testator’s death; and the personal representative has not— received notice that a relevant application has been started in the court; or been served with a copy of a relevant application. (sec.33A-ssec.5) For subsections (3) and (4) , a notice in relation to an application or intended application must be in writing signed by the applicant or the applicant’s legal practitioner. - (a) a will is rectified under section 33 ; and - (b) a personal representative makes a distribution to a beneficiary as if the will had not been rectified. - (a) an application, or intended application, for an order to rectify the will; - (b) an application, or intended application, under section 41 (1) or 42 in relation to the testator. - (a) the distribution is made not earlier than 9 months after the testator’s death; and - (b) the personal representative has not— (i) received notice that a relevant application has been started in the court; or (ii) been served with a copy of a relevant application. - (i) received notice that a relevant application has been started in the court; or - (ii) been served with a copy of a relevant application. - (i) received notice that a relevant application has been started in the court; or - (ii) been served with a copy of a relevant application.