25. Payment of amount owed to person at time of death

Guide to this section

The purpose of this section is to allow the Finance Minister to authorise a payment of an amount that is owed by the Commonwealth to a person who has died. It allows the Finance Minister to decide who to make the payment to, and to authorise the payment without needing probate or letters of administration.

This section is made for paragraph 103(f) of the Act.

(1) If, at the time of a person’s death (whether before or after this section commences), the Commonwealth owed an amount to the person, the Finance Minister may authorise payment of that amount to a person who the Finance Minister considers should receive the payment.

(2) The Finance Minister may authorise the payment without requiring:

(a) production of probate of the will of the deceased person; or

(b) letters of administration of the estate of the deceased person.

(3) In deciding who should receive the payment, the Finance Minister must consider the people who are entitled to the property of the deceased person under:

(a) the deceased person’s will; and

(b) the law relating to the disposition of the property of deceased persons.

(4) After the payment is made, the Commonwealth has no further liability in relation to the amount that was owed.

(5) This section does not relieve the recipient from a liability to deal with the money in accordance with law.

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Last updated: 13 January 2016