Document ID: chunk:federal_register_of_legislation:C2025C00167:section:249:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 249 (pt 1/6)
Character Range: 752824–755333

249  Vesting of property on making of order
 (1) Subject to this Act, where an order is made for the administration of the estate of a deceased person under this Part:
 (a) the divisible property of the estate, not being after‑acquired property, vests forthwith in the Official Trustee or, if when the order is made, a registered trustee is trustee of the estate of the deceased person under this Act, in that registered trustee; and
 (b) after‑acquired property of the estate vests, as soon as it is acquired by, or devolves on, the estate, in the Official Trustee or, if a registered trustee is trustee of the estate of the deceased person under this Act, in that registered trustee;
and is divisible amongst the creditors of the deceased person and of his or her estate in accordance with this Act.
 (2) Where a law of the Commonwealth or of a State or Territory requires the transmission of property to be registered and enables the trustee of the estate of a deceased person under this Act to be registered as the owner of any such property that is part of the divisible property of the estate, that property, notwithstanding that it vests in equity in the trustee by virtue of this section, does not so vest at law until the requirements of that law have been complied with.
 (3) Except as provided by this Act, after an order has been made for the administration of the estate of a deceased person under this Part, it is not competent for a creditor:
 (a) to enforce any remedy against the estate in respect of a debt provable in the administration; or
 (b) except with the leave of the Court and on such terms as the Court thinks fit, to commence any legal proceedings in respect of such a debt or take any fresh step in such a proceeding.
 (4) After an order has been made for the administration of the estate of a deceased person under this Part, distress for rent shall not be levied or proceeded with against the divisible property of the estate, whether or not the deceased person was a tenant of the landlord by whom the distress is sought to be levied.
 (4A) Nothing in this section shall be taken to prevent a creditor from enforcing any remedy against the estate of a deceased person in relation to which the Court has made an order for administration under this Part, or against any property of such an estate that is not part of the divisible property of the estate, in respect of any liability of the estate under a maintenance agreement or maintenance order (whether entered into or made,