Section 14
Determination of collateral disputes
of Small Estates (Distribution) Act 1955
(1)
If in the course of the hearing it is certified by the Estate
Distribution Officer to be necessary or desirable in the interests of justice that any collateral dispute should be decided before a distribution order is made, the Estate Distribution Officer may defer the making of any distribution order in respect of the estate or of that
*NOTE—Previously known as “Official Assignee”—see section 17 of the Bankruptcy (Amendment)
Act 2003 [Act A1197] which comes into operation on 1 October 2003—see P.U. (B) 295/2003.
Small Estates (Distribution) 25
part of the estate which in his opinion is or may be affected directly or indirectly by the determination of that dispute and shall thereupon cause the dispute to be determined in accordance with this section.
(2)
For the purposes of this section, a “collateral dispute” means a dispute as to whether—
(a)
any property or any right or interest in any such property forms part of the estate of the deceased;
(b)
any person is entitled beneficially to any property or any right or interest in any such property which the deceased at the time of his death held or was entitled to hold as a trustee and not beneficially;
(c)
any debt or liquidated sum in money is payable to any person claiming the same out of the assets of the deceased or any debt or liquidated sum in money is due or payable by any person to the estate of the deceased; and
(d)
any share or any right or interest in any share of a beneficiary in the estate of the deceased has been assigned to or vested in any other person, whether a beneficiary or not.
(3)
In the case of any collateral dispute, the Estate Distribution
Officer shall, after ensuring that all necessary parties are before him or have had sufficient opportunity to attend, proceed to hear and determine the dispute and may make such order thereon as may be just.
(4)
–
(Deleted by Act A702).
(8)
Subject to any regulations made under section 30, sections 9,
10, 11 and 12, with such modifications as may be necessary, shall apply to the hearing and determination of collateral disputes by Estate
Distribution Officers under this section.
(9)
Any order made by a Estate Distribution Officer under this section shall have the same force and effect and shall be enforceable in
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the same manner as if it had been made by a court but there shall be no appeal from such an order except under section 29.
(10)
The Estate Distribution Officer shall, when necessary, give effect by his distribution order to any order made by him under this section.