63Deceased estate, advertising for claims against, trustees' protection

##### 63. Deceased estate, advertising for claims against, trustees’ protection (1) Where a trustee has given notice by advertisement published at least once in the *Government Gazette* and in a newspaper circulating in each locality in which, in the opinion of the trustee, claims are likely to arise, requiring persons having claims to which this section applies to send to the trustee, within the time fixed in the notice, particulars of their claims and warning them of the consequences of their failure to do so, then, at the expiration of that time or at any time thereafter, the trustee may administer or distribute the property or any part thereof to which the notice relates to or among the persons entitled thereto having regard only to the claims, whether formal or not, of which the trustee then has notice; and he shall not, as respects the property so administered or distributed, be liable to any person of whose claim he has not had notice at the time of the administration or distribution. (2) Nothing in this section affects any remedy that a person may have under section 65 or any other right or remedy available to him against any person other than the trustee, including any right that he may have to follow the property and any money or property into which it is converted. (3) The time to be fixed by any notice, published in accordance with subsection (1), for the sending in of claims, shall be not less than one month from the date on which the notice is given. (4) Where the personal representative of a deceased person gives notice by advertisement in accordance with subsection (1), the localities specified in that subsection shall include each locality in which the deceased resided or carried on business at any time during the year immediately preceding his death. (5) Notice by advertisement for the purposes of this section shall, so far as regards the contents of the advertisement, be sufficient if given in the form in the Second Schedule or in a form to the like effect. (6) Where the trustee is in doubt as to what advertisements should be published under this section, he may apply to the Court for directions. (7) Any advertisement published under this section may relate to more than one estate or trust property. (8) This section applies notwithstanding anything to the contrary in the instrument (if any) creating the trust. (9) Except as provided in subsection (10), this section applies to claims, whether present or future, certain or contingent, against a trustee, being claims — (a) against or in respect of the estate of the deceased person or the trust property, including (without limiting the generality of the foregoing) claims that survive or lie against or in respect of the estate or property under section 4 of the *Law Reform (Miscellaneous Provisions) Act 1941*; or (b) against the trustee personally, by reason of his being under any liability in respect of which he is entitled to reimburse himself out of the estate or property that he is administering. (10) This section does not apply to — (a) any claim under the *Family Provision Act 1972*; or (b) any claim by a person to be a beneficiary under the will, or to be entitled on the intestacy, of the deceased person, or to be beneficially interested under the trust. [Section 63 amended: No. 57 of 1972 s. 3; No. 48 of 2011 s. 16(2).]