Succession Act 1981

This section applies if a person—

survives a deceased person; and

at the time of the deceased person’s death, was totally 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.

The deceased person’s personal representative may make a distribution for the person’s maintenance, support or education at any time after the death of the deceased person, including within 30 days after the death of the deceased person.

The personal representative may make the distribution even though the personal representative knows, when the distribution is made, of a pending application or an intended application for an order under section 41 in relation to the deceased person.

The personal representative is not liable for a distribution under subsection (2) made in good faith.

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

However, if the person does not survive the deceased person for 30 days, the distribution must be treated as an administration expense.