Document ID: chunk:federal_register_of_legislation:C2025C00135:section:211
Version: federal_register_of_legislation:C2025C00135
Segment Type: section
Provision Reference: s 211
Character Range: 378184–379931

211  Probate or administration not necessary in certain cases—a single policy
 (1) If:
 (a) there is only a single policy under which money is payable by a particular life company to the personal representative of a deceased person; and
 (b) the money does not exceed $100,000 or such other amount as is prescribed for the purposes of this paragraph;
the company may pay the money to:
 (c) the spouse, de facto partner, parent, child, brother, sister, niece or nephew of the deceased person; or
 (d) a person who satisfies the company that he or she is entitled to the property of the deceased person:
 (i) under the deceased person's will; or
 (ii) under the law relating to the disposition of the property of deceased persons; or
 (e) a person who satisfies the company that he or she is entitled to obtain probate of the will of the deceased person or to take out letters of administration of the deceased person's estate.
 (1A) For the purposes of paragraph (1)(c), if one person is the child of another person because of the definition of child in this Act, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
 (2) A company may pay the money without requiring the production of any probate or letters of administration.
 (3) A company that makes a payment under this section is discharged from all further liability in respect of the money payable under the policy.
 (4) A person to whom a company makes a payment under this section must apply the money in due course of administration.
 (5) In this section money, in relation to a policy, means the total of the money payable under the policy, less any debt due to the company under, or secured by, the policy.