Financial Management Act 1996

If, at the time of a person’s death (whether before or after the commencement of this section), the Territory owed an amount to the person, the Treasurer may pay that amount to the person who the Treasurer considers should receive the payment.

In deciding who should be paid, the Treasurer must have regard to—

the provisions of any will of the deceased person that identify the persons entitled to property under the will; and

the law relating to the disposition of the property of deceased people.

Before making a payment to a person, the Treasurer may require the person to produce any documents and other evidence relating to—

the disposition of the deceased person’s estate; or

the family of the deceased person and any other people apparently entitled to share in the estate of the deceased person.

Subject to subsection (3), the Treasurer may make the payment without requiring production of probate of the will, or letters of administration of the estate, of the deceased person.

If a payment is made in relation to an amount owing to a deceased person, the Territory is discharged from any further liability in relation to that amount.

This section does not relieve the recipient of a payment from liability to deal with the money in accordance with law.