Australian Capital Territory Current Acts

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LIMITATION ACT 1985 - SECT 37

Action against estate of deceased person

    (1)     This section applies to a cause of action against the estate of a deceased person.

    (2)     Notwithstanding this part, if an executor or administrator—

        (a)     has given notice in accordance with the Administration and Probate Act 1929

, section 64; and

        (b)     has, under that section, distributed the assets of the relevant estate without notice of a claim on which a cause of action to which this section applies is based;

the court shall not extend under this division the limitation period applicable to the cause of action unless the estate is entitled to be indemnified, in relation to the cause of action, by another person or estate.



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