Report 110 (2005) - Uniform Succession Laws: Family Provision
SCHEDULE 1 NOTICE OF DISTRIBUTION
Updates and background for this project (Digest)
(Section 44)
Notice of intended distribution of estate
Any person having any claim on the estate of (name in capitals) late of (place) (occupation) who died on (date) must send particulars of his or her claim to the executor (or as the case may be) (name) at (address of executor or administrator) (or care of name of solicitor, solicitor, address, and, if applicable, or their agents, name, address) within 30 days (or such longer period as may be necessary so that the time specified expires not earlier than 6 months after the deceased person’s death) from publication of this notice. After that time, if the executor (or as the case may be) has received no notice of any claims, he or she may distribute the assets of the estate. Probate was (or Letters of Administration were) granted in (name of jurisdiction) on (date).
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S.1 Schedule 1 is based on Supreme Court Rules 1970 (NSW) Sch F form 121. The National Committee recommended that the form of notice required by cl 44 be along the lines of form 121.1
FOOTNOTES
1. National Committee for Uniform Succession Laws, Report to the Standing Committee of Attorneys General on Family Provision (Queensland Law Reform Commission, Miscellaneous Paper 28, 1997) (“MP 28”) at 102, footnote 197.
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