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Exemption from necessity of giving notice of distribution of property of less than $10,000 in value

Probate and Administration Act 1934

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—(1) Where the total value of any property (without deduction for debts, but not including the value of any property which the deceased possessed or was entitled to as trustee and not beneficially) administered by the Public Trustee, whether by virtue of a grant of letters of administration to him or by virtue of the powers conferred on him by this Act, does not exceed $10,000, it shall not be necessary for the Public Trustee to give notice by advertisement in the Gazette or otherwise of his intention to distribute the estate or require any person interested to send in particulars of his claim against the estate, but the Public Trustee may proceed forthwith to convey or distribute the estate or any part thereof to or among the persons entitled thereto, having regard only to the claims, whether formal or not, of which the Public Trustee then had notice.(2) The Public Trustee shall not, as respects the property conveyed or distributed under subsection (1), be liable to any person of whose claim the Public Trustee has not had notice at the time of conveyance or distribution.(3) Nothing in this section shall —(a)prejudice the right of any person to follow the property representing the same, into the hands of any person, other than a purchaser, who may have received it; or(b)free the Public Trustee from any obligation to make searches similar to those which an intending purchaser would be advised to make or obtain.

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