New South Wales Consolidated Regulations

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Death of payee

41.12 Death of payee

(cf SCR Part 50, rule 9)

(1) If--
(a) by any judgment or order, the court directs payment of funds in court to any person, and
(b) it appears to the registrar--
(i) that the person has died since the date on which the judgment or order took effect, and that probate of the person's will or letters of administration of the person's estate have been granted to an executor or administrator, or
(ii) that the person had died on or before the date on which the judgment or order took effect, and that his or her entitlement to payment arose under a direction for payment to creditors, shareholders or debenture holders,
then, unless the judgment or order otherwise directs, the registrar may pay the money to the deceased person's executor or administrator.
(2) Subject to subrule (3), this rule does not authorise payment of the funds to a deceased person's executor or administrator if the deceased person appears to the registrar to have been entitled as trustee, executor or administrator, or otherwise not in his or her own right and for his or her own use.
(3) The registrar may, under this rule, pay the money to an executor of the will of the person to whom payment is directed if it appears to the registrar that the person was entitled as sole or sole surviving executor.

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