War Service Estates Regulations (Cth)
made under the
This compilation was prepared on 26 May 2004
taking into account amendments up to SR 1997 No. 46
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
These Regulations may be cited as the War Service Estates Regulations.
(1) These Regulations shall have effect as from 13 October 1942.
(2) Nothing in these Regulations shall invalidate any distribution of any war service estate, or part thereof, of a deceased member, made before the date of the notification of these Regulations in the
Gazette , in accordance with the law in force at the time of the distribution.
In these Regulations, unless the contrary intention appears:
Act means theWar Service Estates Act 1942 .
Repatriation Commission means the Repatriation Commission constituted by theVeterans’ Entitlements Act 1986 .
service chief means:
(a) in relation to a deceased member who was a member of, or attached to or accompanied, the Navy — the Chief of Navy;
(b) in relation to a deceased member who was a member of, or attached to or accompanied, the Army — the Chief of Army;
(c) in relation to a deceased member who was a member of, or attached to or accompanied, the Air Force — the Chief of Air Force.
(1) A service chief may, by writing signed by him, delegate to an officer:
(a) in the case of the Chief of Navy — who holds a rank in the Australian Navy not below the rank of Captain;
(b) in the case of the Chief of Army — who holds a rank in the Australian Army not below the rank of Colonel; and
(c) in the case of the Chief of Air Force — who holds a rank in the Australian Air Force not below the rank of Group Captain;
any of his powers or functions under these Regulations, other than this power of delegation.
(2) A delegation under subregulation (1) shall be revocable at will and no delegation shall prevent the exercise of any power or function by the relevant service chief.
Subject to these Regulations, the distribution of the war service estate of a deceased member may be made in whole or in part at any time after the death of that member.
Personal property and effects comprised in the war service estate of a deceased member may be sold in one or more lots at such times and places and in such manner as the service chief directs.
Notwithstanding anything contained in any other regulation, an authorized person may, at any time, if he thinks fit, deliver any article of clothing or of personal use, or any article having, in the opinion of the authorized person, a sentimental value, forming part of the war service estate of a deceased member, to any one or more of the following persons:
(a) the executor of an apparently valid will of the deceased member;
(b) the sole beneficiary under such a will;
(c) the widow, widower, child, mother, father, brother or sister of the deceased member; or
(d) any person appearing in the official records relating to the deceased member as his next-of-kin.
An authorized person may pay or deliver the whole or any portion of the war service estate of a deceased member to any one or more of the following persons:
(a) the widow, widower, child, step-child, grandchild, mother, step-mother, father, step-father, brother, half-brother, sister, half-sister, grandparent, nephew or niece of the deceased member;
(b) any woman who, for not less than the 3 years immediately preceding the date of the deceased member’s death, was wholly or mainly maintained by him and, although not legally married to him, lived with him on a permanent and
bona fide domestic basis;(c) any child of the deceased member born out of wedlock who is dependent on him; or
(d) any person appearing in the official records as the next-of-kin of the deceased member.
(1) As soon as practicable after the death of a person in respect of whose war service estate the Act applies, an authorized person shall:
(a) cause the war service estate of a deceased member to be ascertained; and
(b) by notice sent by post to the person (if any) appearing in the official records relating to the deceased member as his next-of-kin, addressed to the address last appearing in those records, direct attention to the provisions of the Act and these Regulations relating to the distribution of the war service estate of a deceased member and:
(i) advise that person concerning the existence of any will of which the authorized person has notice and request him to advise whether he has knowledge of any later will; or
(ii) if the authorized person has no knowledge of the existence of a will, advise the next-of-kin of that fact and request him to furnish any information in his possession as to the existence of a will.
(2) A war service estate shall not be paid or delivered otherwise than to the personal representative of the deceased member, until 30 days have elapsed after the date of the notice given under subregulation (1).
(1) When an authorized person has notice of the existence of a personal representative of a deceased member, he shall, before paying or delivering any part of the war service estate of that member to any person other than the personal representative, cause to be sent by post to the personal representative at his last known place of address notice in writing of his intention to do so.
(2) Before paying or delivering any part of the war service estate of a deceased member to any person other than the personal representative of the deceased member or the person who, in the opinion of the authorized person, is beneficially entitled thereto, an authorized person shall, in addition to any notice required to be given under the last preceding subregulation, cause to be sent by post:
(a) to each person who, in the opinion of the authorized person, is beneficially entitled to that part of the war service estate of the deceased member;
(b) if the deceased member appears to have left a widow or widower — to that widow or widower;
(c) if the deceased member appears to have left any child — to that child or to the father, mother or guardian of the child; and
(d) to the person (if any) appearing in the official records relating to the deceased member as his next-of-kin;
at the last known place or places of address of that person or persons, notice of his intention so to do.
After the expiration of 30 days from the posting of the notice (if any) given under regulation 8 or 9, or, if more than one such notice was posted, after the expiration of 30 days from the posting of the last of the notices, an authorized person may distribute the war service estate of the deceased member, but he shall not be bound to distribute it in accordance with his intention stated in any of the notices so posted and may, in any case in which he is satisfied that proceedings are being taken
bona fide and with reasonable despatch to obtain a grant of probate of the will, or letters of administration of the estate, of the deceased member, postpone the distribution for such periods as he thinks fit.
In order to ascertain what persons should receive consideration in connexion with the distribution of the war service estate of a deceased member, any authorized person may cause such inquiries to be made, and such notices to be published, as he thinks fit, having regard to the amount of the estate and the cost of the inquiries and notices, and the cost of the inquiries and notices may be paid out of the estate.
Where the person to whom it is intended to pay the whole or any part of the war service estate of a deceased member is an infant:
(a) if he is over the age of 16 years, the authorized person may pay the whole or part of the war service estate to him, and a receipt therefor given by the infant shall be a good and sufficient discharge for the amount paid; or
(b) if he is not over the age of 16 years, the authorized person may pay the whole or part of the war service estate to the guardian of the infant, or to any person who, in the opinion of the authorized person, stands in the relation of guardian to the infant, to be applied for the benefit of the infant, unless, in the opinion of the authorized person, the guardian or the person is unfitted to act as trustee of the share, and, in that case, the authorized person may pay the whole or part of the war service estate to the Repatriation Commission, to be held by it upon such trusts as the authorized person determines.
Where a person gives to the authorized person a notice, in writing, stating that he foregoes any claim to the war service estate of a deceased member, or requesting that any portion of the war service estate which might otherwise have been paid or delivered to him shall be paid to some other person, the authorized person shall, in paying or delivering the war service estate, have regard to the notice.
The Royal Australian Navy Relief Trust Fund, the Australian Military Forces Relief Trust Fund and the Royal Australian Air Force Welfare Trust Fund, established under the
Services Trust Funds Act 1947 , are prescribed funds to which proceeds of estates shall be applied in accordance with section 11 of the Act.
The War Service Estates
Regulations
(in force under the
1943 No. 234 | 17 Sept 1943 | 13 Oct 1942 | |
1943 No. 292 | 9 Dec 1943 | 9 Dec 1943 | — |
1951 No. 55 | 18 June 1951 | 18 June 1951 | R. 3 |
1976 No. 47 | 6 Feb 1976 | 9 Feb 1976 | — |
1989 No. 216 | 23 Aug 1989 | 23 Aug 1989 | — |
1997 No. 46 | 12 Mar 1997 | 12 Mar 1997 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 2......................................... | am. 1976 No. 47 |
R. 3......................................... | am. 1976 No. 47; 1989 No. 216 |
rs. 1997 No. 46 | |
R. 3A....................................... | ad. 1976 No. 47 |
am. 1997 No. 46 | |
R. 5......................................... | am. 1976 No. 47; 1997 No. 46 |
Rr. 7, 8.................................... | am. 1976 No. 47 |
R. 9......................................... | am. 1943 No. 292 |
R. 10....................................... | am. 1976 No. 47 |
R. 12....................................... | am. 1951 No. 55; 1976 No. 47 |
R. 14....................................... | ad. 1951 No. 55 |
rs. 1989 No. 216 | |
0
0
0