Victorian Current Acts

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Executors or administrators may serve notice on claimant

    (1)     A personal representative, having notice, whether under the provisions of section thirty-three of the Trustee Act 1958 or otherwise, that any claim has been or may be made against the estate of which he is the personal representative, may serve upon any person making or possibly entitled to make such claim a notice requiring such person to take within a period of three months from the date of receiving such notice all proceedings proper to enforce or to establish such claim and to duly prosecute the same.

S. 30(2) amended by No. 110/1986 s. 140(2).

    (2)     After the expiration of the said period of three months such personal representative may apply to the Court for an order to some such effect as hereinafter in this section mentioned.

S. 30(3) amended by No. 110/1986 s. 140(2).

    (3)     Upon the hearing of such application the Court, if not satisfied that such proceedings as aforesaid have been taken and are being duly prosecuted, may—

        (a)     order that the said period be extended; or

        (b)     order that the claim of any person so served with notice of the application be for all purposes barred; or

        (c)     make any further or other order enabling the estate to be distributed or dealt with without regard to the claim; and

S. 30(3)(d) amended by No. 110/1986 s. 140(2).

        (d)     in any case impose such conditions and give such directions including a direction as to the payment of the costs of or incidental to the application as to the Court seems just.

S. 30A inserted by No. 45/1994
s. 40.

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