Section 71 — Family Proceedings Act 1980: Time limit for applying for order against estate of deceased party
Text of the provision Official document
71 Time limit for applying for order against estate of deceased party (1) No order under section 70 of this Act shall be sought against the personal representative of a person after the expiration of 12 months from the date of the grant in New Zealand of administration of the deceased person's estate. (2) Subject to subsection (3) of this section, a Family Court may extend for any further period the time limit specified in subsection (1) of this section, after hearing such of the persons affected as it thinks necessary, whether or not the time limit has already expired. (3) No extension shall be granted under subsection (2) of this section unless the application for an extension is made before the final distribution of the estate. (4) Where the estate has been distributed before the personal representative receives notice that any application has been made to a Family Court for an extension under subsection (2) of this section and after every notice (if any) of an intention to make an application has lapsed in accordance with section 48(1) of the Administration Act 1969 — (a) The distribution shall not be disturbed by reason of the making of the application or any order in respect of the application; and (b) No action shall lie against the personal representative for having made the distribution. Compare: 1963 No 71 s 42
Official source: legislation.govt.nz
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