10. Payment without probate or letters of administration

(1)

Notwithstanding any written law to the contrary, where an eligible person to whom any payment could be made under subsection 9(1) is deceased or dies before the payment is made, the amount remaining unpaid may be paid to his dependants without probate or letters of administration.

(2)

Where there are more than one dependant to whom payment may be made under subsection (1), the payment shall be made in equal amounts to the dependants.

(3)

Where there is no dependant, the amount payable under

subsection (1) shall become part of the deceased eligible person’s estate.

(4)

For the purpose of this section—

(a)

“child” in relation to a deceased eligible person means—

(i)

a child who is under twenty-one years of age of the eligible person and includes—

(A)

a posthumous child, a dependant stepchild and an illegitimate child of the eligible person; and

(B)

a child adopted by the eligible person under any written law relating to adoption or under any custom or usage, on satisfactory proof of such adoption;

and

(ii)

a child of any age who is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself provided that such child is mentally retarded or physically and permanently incapacitated before the child reaches the age of twenty-one years;

and

(b)

“dependant” means—

(i)

a widow of a deceased eligible person;

(ii)

a widower of a deceased eligible person;

(iii)

a child of a deceased eligible person; or

(iv)

the mother of a deceased eligible person or if his mother is not living, his dependant father.

Report

Read on from s 11

10. Payment without probate or letters of administration

Terms defined in s 2