25ADistribution of property or estate after notice by trustee or executor or administrator

### 25A Distribution of property or estate after notice by trustee or executor or administrator > *\[Section 25A Inserted by No. 65 of 1973, s. 2 \]* > > > (1)  Where a trustee or an executor or administrator who has taken out representation of an estate has given notice in accordance with this section – > > > > > > (a) that he intends to distribute the property subject to the trust or the estate to which the notice relates or any part thereof among the persons entitled thereto; and > > > > > > > (b) requiring any person interested in that property or estate to send to the trustee, executor, or administrator, on or before the date specified in the notice, particulars of his claim in respect of that property or estate – > > > > the trustee, executor, or administrator may, at any time after that date, distribute the property or estate or any part thereof, having regard only to the claims of persons of which he then has notice and without being liable for the property or estate or any part thereof so distributed to any person of whose claim he had no notice at the time of the distribution. > > > (2)  [*\[Section 25A Subsection (2) substituted by No. 9 of 2006, s. 14, Applied:01 Oct 2006\]*](/view/html/inforce/2006-10-01/act-2006-009#GS14@EN) Subject to [subsection (3)](#GS25A@Gs3@EN) , the notice required to be given by a trustee or an executor or administrator of a deceased person for the purposes of [subsection (1)](#GS25A@Gs1@EN) is to be published – > > > > > > (a) in the *Gazette*; and > > > > > > > (b) in at least one newspaper published or circulating in the locality in which the deceased person resided or carried on business immediately before his or her death. > > > (3)  Where a trustee or an executor or administrator has reason to believe that any person who has a claim against the property or estate that he wishes to distribute pursuant to [subsection (1)](#GS25A@Gs1@EN) resides in a place outside this State, the trustee, executor, or administrator shall, after applying by summons to a judge in chambers for directions with respect to the notice that he is required to give for the purposes of that subsection, give the notice by causing it to be advertised in such newspaper as the judge orders. > > > (4)  For the purposes of [subsection (1)](#GS25A@Gs1@EN) , the date specified in a notice under that subsection as the date on or before which claims in respect of the relevant property or estate are to be sent to the trustee, executor, or administrator who gave the notice – > > > > > > (a) shall be the same in every advertisement relating to the property or estate; and > > > > > > > (b) shall, if those advertisements are published – > > > > > > > > > > (i) only in this State, be not less than one nor more than two; > > > > > > > > > > > (ii) in another State or a Territory of the Commonwealth or in New Zealand, be not less than two nor more than 4; and > > > > > > > > > > > (iii) in any other place, be not less than 4 nor more than 8 – > > > > > > > > months after the last of those publications. > > > (5)  Where a trustee or an executor or administrator disputes a claim particulars of which he has received after giving notice in accordance with this section, the trustee, executor, or administrator may give to the person making the claim a notice in writing that the claim is disputed and requiring the claimant to withdraw the claim or to institute proceedings to enforce it within 6 months of the service of the last-mentioned notice. > > > (6)  If a claim to which [subsection (5)](#GS25A@Gs5@EN) relates is not withdrawn or prosecuted as provided in that subsection, the trustee, executor, or administrator may apply by summons to a judge in chambers, on affidavit setting out the facts, for an order that, as against the trustee, executor, or administrator, the claim shall be absolutely barred, and the judge may make such order as he deems just, and the order binds every person whom it purports to affect. > > > (7)  Where a trustee distributes property subject to a trust or an executor or administrator distributes an estate as provided by this section, nothing in this section prejudices the right of any person to follow the property or estate or any part thereof into the hands of any other person other than a purchaser who has received it, or frees the trustee, executor, or administrator from any obligation to make searches similar to those which an intending purchaser would be advised to make. > > > (8)  This section applies to a trust or estate notwithstanding anything to the contrary in the will or other instrument (if any) creating the trust or relating to the estate. > > > (9)  In this section, ***representation*** means the probate of a will or letters of administration.