Bankruptcy Regulations 2021

SCHEDULE 4 - MODIFICATIONS UNDER PART XI OF THE ACT - ADMINISTRATION OF ESTATES OF DECEASED PERSONS  

Note:

22   Subsection 81(1)  
Repeal the subsection, substitute:

(1)
At any time during or after the administration under Part XI of the estate of a deceased debtor (the relevant person ), the Court may, on the application of:

(a) a person (a creditor ) who has or had a debt provable in the administration; or

(b) the trustee of the estate of the relevant person; or

(c) the Official Receiver;

summon an examinable person in relation to the estate of the relevant person for examination in relation to the administration.

(1AA)
For the purposes of subsection (1):

examinable person
, in relation to an estate of the relevant person, means:

(a) a person who is believed to be indebted to the estate; or

(b) a person who may be able to give information about the relevant person or the examinable affairs of the relevant person; or

(c) a person who has possession of books that may relate to:

(i) the relevant person; or

(ii) the examinable affairs of the relevant person; or

(iii) the estate; or

(d) the executor under the relevant person ' s will; or

(e) the administrator under letters of administration or court order;

of the relevant person ' s estate, or a part of that estate.