Succession Act 1965 section 49

Distribution of assets after notice to creditors

Section 49 sets out the protection available to personal representatives who properly advertise for creditors' claims before distributing the assets of a deceased person's estate.

• Personal representatives who issue proper notices calling on creditors to submit claims may distribute the estate assets once the notice period expires, based on the claims they have received by that date.
• Personal representatives are not personally liable for assets distributed to beneficiaries if they had no notice of a creditor's claim at the time of distribution.
• Unpaid creditors retain the right to trace and recover assets from the persons who actually received them, even after distribution has taken place.
• The protection applies to all assets in the estate — both real property (such as land and buildings) and personal property — regardless of when the deceased died.

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