Once Probate or Letters of Administration has been granted by the Court in a deceased Estate, and before any assets of the Estate are distributed, the legal personal representative (i.e. executor or administrator) of the Estate has the ability to publish a notice of intended distribution, in accordance with section 92 of the Probate and Administration Act 1898.
Where is the notice published?
On the NSW Online Registry for Courts and Tribunals.
What does the notice state?
The notice outlines the deceased’s details and, in brief, states that any person having any claim upon the Estate must send particulars of the claim to the legal representative within 30 days of publication of the notice. The notice further states that after the 30 days, and after 6 months from the date of death of the deceased, the legal representative intends to distribute the Estate having regard only to the claims of which the legal representative has notice at the time of distribution.
Why is the notice important?
The notice provides legal representatives with some protection in their capacity as legal representatives against claims made, in accordance with section 93 of the Succession Act 2006. A legal representative who properly distributes property of the Estate after publication of a notice of intended distribution will not be liable in respect of that distribution to any person who has a claim (for example, beneficiaries or next of kin seeking to make a family provision claim), unless the legal representative had notice of the claim at the time of the distribution.
Can the notice be published in an Estate where a Grant has not been obtained?
One of the disadvantages of administering an Estate without a Grant of Probate or Letters of Administration is that a notice of intended distribution is unable to be published. Whilst the size and nature of the assets of an Estate are commonly considered by the executor or proposed administrator when deciding whether to obtain a Grant, having the ability to publish a notice of intended distribution should also be considered by the executor or proposed administrator.
At Everingham Solomons, we have the expertise and experience to assist you in administering deceased Estates because Helping You Is Our Business.
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