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] Subject to subsection (3) , the notice required to be given by a trustee or an executor or administrator of a deceased person for the purposes of subsection (1) 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) 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) , 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 –