Testator's Family Maintenance and Guardianship of Infants (Amendment) Act 1977 (NSW)

TESTATOR’S FAMILY MAINTENANCE AND GUARDIANSHIP OF INFANTS (AMEND­ MENT) ACT, 1977

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ANNO VICESIMO SEXTO

ELIZABETHyE II REGINA

Act No. 121, 1977.

An Act to amend the Testator’s Family Maintenance and Guardianship of Infants Act, 1916, with respect to claims against the estate of a testator or an intestate. [Assented to, 9th December, 1977.1

BE

Act No. 121, 1977.

Testator's Family Maintenance and Guardianship of Infants

{Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1.          This Act may be cited as the “Testator’s Family Main- Short title,

tenance and Guardianship of Infants (Amendment) Act,

1977”.

2.      (1) Except as provided in subsection (2), this Act Commence-

shall commence on the date of assent to this Act.

(2) Section 3 shall commence on the day that section 5 of the Wills, Probate and Administration (Amendment) Act, 1977, commences.

3.          The Testator’s Family Maintenance and Guardianship Amendment

of Infants Act, 1916, is amended by omitting section 11 and

by inserting instead the following section :— u '

11. (1) Where an executor or administrator of the Distribution

estate of a testator or an intestate has published notices of assets,

in or to the effect of the form prescribed by rules of

court requiring the claims of beneficiaries (including

children conceived but not yet born at the death of the

testator or intestate), creditors and other persons in

respect of the assets of that estate to be submitted to

the executor or administrator by or on behalf of those

beneficiaries or by those creditors or other persons, the

executor or administrator may, at the expiration of the

period for submitting those claims specified in the notices

or, as the case may be, specified in the last of the notices,

distribute the assets, or any part of the assets, of that

estate among the persons entitled, having regard to any

applications under this Act of which the executor or

administrator has notice at the time of the distribution.

(2)

Act No. 121, 1977.

Testator’s Family Maintenance and Guardianship of Infants

{Amendment).

(2) An executor or administrator who distributes the assets or any part of the assets of the estate of a testator or an intestate in accordance with subsection (1) is not liable in respect of those assets or that part of those assets to any person of whose apphcation under this Act he did not have notice at the time of the distribution.

(3) This section does not prevent the court from making an order directing that provision under this Act be made out of assets that have been distributed in accordance with subsection (1).