Victorian Current Acts

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ADMINISTRATION AND PROBATE ACT 1958 - SECT 31A

Protection of payments or transfers of property without requiring the production of a grant of representation

    (1)     A person who holds money or personal property for a deceased person of not more than the threshold amount may pay or transfer the money or the personal property without requiring the production of a grant of representation to any of the following persons who have legal capacity and who appear to be entitled to the money or personal property

        (a)     the surviving spouse or domestic partner of the deceased;

        (b)     a child of the deceased;

        (c)     any other person .

    (2)     For the purposes of subsection (1), the threshold amount is the greater of—

        (a)     $25 000; or

        (b)     if an amount is calculated in accordance with section 31B, that amount.

    (3)     A payment of money or transfer of personal property which is made under subsection (1) and in good faith is a complete discharge of all liability in relation to the person who is paying or transferring the money or personal property.

    (4)     A receipt signed by a person aged 16 years and over who receives a payment or transfer of money or property made in good faith under subsection (1) is a complete discharge of all liability in relation to the person who paid or transferred the money or personal property.

    (5)     Nothing in this section affects or prejudices the rights of any person who has a claim to or against a deceased person's estate to enforce a remedy against a person to whom a payment or transfer has been made under subsection (1).

S. 31B inserted by No. 80/2014 s. 15.



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