sec.33Power to distribute estate where possible claimants have not claimed

### sec.33 Power to distribute estate where possible claimants have not claimed Where— a trustee company has been granted probate of a will or administration of an estate; and the trustee company has been informed of the existence at any time of a person who if the person had survived the testator or intestate would have been entitled to a legacy under the will or to the whole or a distributive share of the estate; and the person referred to in paragraph (b) has not nor has any person claiming through the person or as one of the person’s issue made a claim in respect of such legacy estate or share within 3 years after the grant of probate or of administration; the trustee company after advertising as in this section directed may, without being under any liability to the person or to any person claiming through the person or to the person’s issue, distribute the estate as if such first mentioned person had predeceased the testator or intestate without issue. The trustee company shall, before making any distribution pursuant to subsection (1) , make a report to a Judge setting out the material facts relating to the matter and obtain a direction from the Judge as to the form and number of the advertisements to be inserted and the places in which they are to be published and fixing a time after the insertion of the last of such advertisements at the expiration of which a distribution may be made. Nothing in this section shall prejudice the right of any person to follow the assets or any part thereof into the hands of the person or persons who have received the same. (sec.33-ssec.1) Where— a trustee company has been granted probate of a will or administration of an estate; and the trustee company has been informed of the existence at any time of a person who if the person had survived the testator or intestate would have been entitled to a legacy under the will or to the whole or a distributive share of the estate; and the person referred to in paragraph (b) has not nor has any person claiming through the person or as one of the person’s issue made a claim in respect of such legacy estate or share within 3 years after the grant of probate or of administration; the trustee company after advertising as in this section directed may, without being under any liability to the person or to any person claiming through the person or to the person’s issue, distribute the estate as if such first mentioned person had predeceased the testator or intestate without issue. (sec.33-ssec.2) The trustee company shall, before making any distribution pursuant to subsection (1) , make a report to a Judge setting out the material facts relating to the matter and obtain a direction from the Judge as to the form and number of the advertisements to be inserted and the places in which they are to be published and fixing a time after the insertion of the last of such advertisements at the expiration of which a distribution may be made. (sec.33-ssec.3) Nothing in this section shall prejudice the right of any person to follow the assets or any part thereof into the hands of the person or persons who have received the same. - (a) a trustee company has been granted probate of a will or administration of an estate; and - (b) the trustee company has been informed of the existence at any time of a person who if the person had survived the testator or intestate would have been entitled to a legacy under the will or to the whole or a distributive share of the estate; and - (c) the person referred to in paragraph (b) has not nor has any person claiming through the person or as one of the person’s issue made a claim in respect of such legacy estate or share within 3 years after the grant of probate or of administration;