Probate and Administration Act 1898

This section applies if a person (the survivor)—

survives a deceased person, and

at the time of the deceased person’s death, was wholly or substantially dependent on the deceased person, and

will be entitled to part or all of the deceased person’s estate if the person survives the deceased person for 30 days or, if that or another period for survival appears in the will, within the period appearing in the will (the specified period).

The executor or administrator of the deceased person’s estate may make a distribution that is an adequate amount for the proper maintenance, support or education of the survivor at any time after the death of the deceased person, including within 30 days, or the specified period, after the death of the deceased person.

The executor or administrator may make the distribution even though the executor or administrator knows, when the distribution is made, of a pending application, or an intended application, for an order under the Family Provision Act 1982 in relation to the deceased person.

The executor or administrator is not liable for a distribution under subsection (2) that is made in good faith.

An amount distributed under subsection (2) to a survivor must be deducted from any share of the estate to which the survivor becomes entitled.

However, if the survivor does not survive the deceased person for 30 days, or the specified period, the distribution is to be treated as an administration expense.

An authorised deposit-taking institution does not incur any liability in relation to any transaction concerning an account of the deceased person kept with the institution or with some other financial institution that it is authorised to make by the executor or administrator of the deceased person for the purposes of a distribution under subsection (2).

Subsection (7) does not relieve an authorised deposit-taking institution from any liability or obligation it would have apart from that subsection.