Document ID: chunk:federal_register_of_legislation:F2018C00315:reg:8:p3
Version: federal_register_of_legislation:F2018C00315
Segment Type: reg
Provision Reference: reg 8 (pt 3/6)
Character Range: 64440–67225

Secretary is not required to make inquiries about whether there is an executor or administrator of the deceased person's estate.
The matters to which the Secretary must have regard in making a decision under paragraph 10.03(1)(d) are:
whether it is likely that a person would be appointed as an executor or administrator of the deceased person's estate within the three months following an application under section 10.02; and
the size of the deceased person's estate; and
whether the LPR applicant is a relative of the deceased person; and
whether there is another person who would be a more appropriate legal personal representative for the deceased person; and
whether, prior to the deceased person's death, the LPR applicant was:
a nominee of the deceased person under the Act or for the purposes of the social security law; or
a court-appointed decision-maker in relation to the deceased person; or
a participant-appointed decision-maker in relation to the deceased person; and
any other relevant matter.
When the Secretary determines that a LPR applicant is the legal personal representative for a deceased person, the LPR applicant is an approved legal personal representative for that deceased person.
10.04 More than one LPR applicant for a deceased person
If the Secretary receives applications under section 10.02 from more than one LPR applicant in respect of the same deceased person, the Secretary may decline to consider the applications because the Secretary believes that the matter should be dealt with by a court.
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     1. Cancellation of determination
The Secretary may cancel a determination that a person is an approved legal personal representative if the Secretary is satisfied that:
in the case of a determination made under paragraph 10.03(1)(d)—either:
the Secretary is satisfied that there is another person who meets a description in paragraph 10.03(1)(a), (b) or (c); or
the Secretary is satisfied that it is no longer appropriate (having regard to the matters specified in subsection 10.03(3)) for the person to be the legal personal representative of the deceased person; or
in any case—the Secretary is satisfied that the person has not acted or is not acting in the best interests of the estate of the deceased person.
The Secretary may make a decision under subsection (1) without giving notice to any person affected by the decision or affording an opportunity to make submissions if the Secretary is satisfied that to do so is in the best interests of the estate of the deceased person.
The Secretary may decline to consider whether to make a decision under subsection 10.05(1) because the Secretary believes that the matter should be dealt with by a court.
10.06 One approved legal personal representative
At any one time, there can only be one