ADMINISTRATION OF ESTATES ACT - 1961 (ACT 63)

Section - 45 - Disposal of proceeds of interstate estates

(1) When the Administrator-General has completed the administration of the estate of any person who has died intestate and without known next-of-kin by paying all debts, fees, expenses and liabilities incident to the collection, management and administration of the estate and, after the passing of the accounts of the estate by the taxing officer or a judge, any sum of money remains to the credit of the estate in the hands of the Accountant-General, the Administrator-General shall inform the Attorney-General who shall forthwith publish a notice in the Gazette, announcing the completion of the administration of the estate and the passing of the accounts and the amount of the residue of the estate remaining and calling upon all persons claiming to be interested in such estate on legal, equitable or moral grounds to present their petitions to the court.

(2) A petition may be presented at any time within two years from the date of the notice, unless the court, under subsection (3) of this section, fixes a lesser period within which the petition may be presented, and no claim shall be entertained after the expiration of two years or such lesser period of time as may be fixed by the court, and the hearing of the petition shall not take place until two months have elapsed after the expiration of the period of two years or lesser period and until the petitioner has given two months' notice in the Gazette of the presentation of the petition or intention to present it, and if the petition has been presented and no such notice given, until after the day appointed by the court.

(3) (a) Where the court is satisfied upon application, either by the Attorney-General or by a person who has presented a petition as provided for in subsection (1) of this section, that it is unlikely that there will be any further petitions presented or that a lesser period of time will be sufficient for the presentation of petitions, the court may order that instead of the period of two years mentioned in subsection (2) there shall be substituted for that period such lesser period, not being less than six months, as the court may consider sufficient.

(b) Notice of any order made by the court under this subsection shall be published in the Gazette.

(4) Every petition shall state the place of residence of the claimant and the grounds upon which, and the description of the estate in respect of which, the claim is made.

(5) A copy of the petition shall be served upon the Attorney-General.

(6) Any person claiming to be interested in the estate may appear personally or by a legal practitioner, and the respective claims of different petitioners may be heard and dealt with at the hearing.

(7) The equitable or moral claims in this section referred to shall include those of dependants, whether kindred or not, of the deceased or other persons for whom the deceased might reasonably have been expected to make provision.