134Distribution orders

134 Distribution orders

134 Distribution orders

(1) The Court may, on an application under this Part, order that the intestate estate, or part of the intestate estate, be distributed in accordance with the terms of the order.

(2) An order under this Part may require a person to whom property was distributed before the date of the application to return the property to the personal representative for distribution in accordance with the terms of the order (but no distribution that has been, or is to be, used for the maintenance, education or advancement in life of a person who was totally or partially dependent on the intestate immediately before the intestate’s death can be disturbed).

Note—

For example, a distribution may have been made under section 92A of the Probate and Administration Act 1898 or section 94 of this Act.

(3) In formulating an order under this Part, the Court must have regard to—

(a) the scheme for distribution submitted by the applicant, and

(b) the laws, customs, traditions and practices of the Indigenous community or group to which the intestate belonged.

(4) The Court may not, however, make an order under this Part unless satisfied that the terms of the order are, in all the circumstances, just and equitable.

ch 4, Parts 4.3–4.6 (ss 127–140): Ins 2009 No 29, Sch 1 [4].