Bankruptcy Regulations 1996

SCHEDULE 7 - MODIFICATIONS UNDER PART XI OF THE ACT - ADMINISTRATION OF ESTATES OF DECEASED PERSONS  

(regulation 11.02 )

17   Section 81 (Discovery of bankrupt ' s property etc)  

17.1    
Subsection 81(1):

Omit the subsection, substitute:

' (1)	At any time during or after the administration under Part XI of the estate of a deceased person (in this section called ' the relevant person ' ), the Court may, on the application of:
	(a)	a person (in this section called a ' creditor ' ) who has or had a debt provable in the administration; or
	(b)	the trustee of the estate; or
	(c)	the Official Receiver;
	summon an examinable person in relation to the estate 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. ' .

17.2    
Subsection 81(1B):

Omit paragraph (b), substitute:

' (b)	relate to:
	(i)	the relevant person; or
	(ii)	the examinable affairs of the relevant person; or
	(iii)	the estate. ' .

17.3    
Subsection 81(11AA):

Omit the subsection.

17.4    
Subsection 81(12):

Before ' relevant person ' (first occurring), insert ' estate of the ' .

17.5    
Subsection 81(14):

Omit ' person, other than the relevant person, ' , substitute ' person ' .