Victorian Current Acts

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Liability of person fraudulently obtaining or retaining estate of deceased

    (1)     Subject to subsection (3), this section applies to a person—

        (a)     who does not hold a grant of representation of a deceased person's estate; and

        (b)     who fraudulently or without full and valuable consideration—

              (i)     obtains, receives or holds the estate or any part of the deceased's estate; or

              (ii)     effects the release of any debt or liability payable to the estate.

    (2)     A person to whom this section applies is liable to account for the estate's assets to the extent of—

        (a)     the estate obtained, received or held by the person; or

        (b)     the debt or liability released.

    (3)     The liability of a person under this section is reduced to the extent of any payment made by the person which may be made by a personal representative who has a grant of representation of the estate.

S. 31D inserted by No. 80/2014 s. 15.

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