Dispute as to division of personal goods (section 106(3))
8 Dispute as to division of personal goods (section 106(3))
A notice given by an administrator under section 106(3) of the Act must be in writing and must include the following:
details of the personal goods of the intestate that are in dispute between the spouse and the domestic partner and, if known by the administrator, the value of the goods;
a statement informing the spouse and domestic partner that, unless they agree to the division of the disputed personal goods of the intestate within 3 months from the date of service of the notice, the administrator will sell the disputed goods by way of public auction (at which the spouse or domestic partner may bid on the goods, if they so choose) and divide the net proceeds of sale equally between the spouse and the domestic partner;
either—
details of the date and location of any public auction at which the goods may be offered for sale if no agreement is reached as to the division of the goods; or
an undertaking by the administrator to notify the spouse and domestic partner of such details at a later time if no agreement is reached as to the division of the goods.
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