Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p55
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 133614–136349

the 'deceased') dies;
    (b) an amount (in the applicable sections called the 'distributable amount') of a pension, allowance or other pecuniary benefit is payable under this Act to the deceased; and
    (c) the distributable amount:
       (i) has accrued, and was unpaid, on the deceased's death; or
       (ii) has become payable after the deceased's death in respect of a period or event before that death by reason of the grant, after that death, of a claim for the pension, allowance or benefit made before that death;
the Commission shall deal with the distributable amount in accordance with the applicable sections and the distributable amount shall not, subject to subsections 123b (2) and (3), form part of the deceased's estate.
"(3) Where an amount is paid in accordance with an approval given under the applicable sections, the Commonwealth is not liable to any action, claim or demand for payment in respect of that amount.

Distribution where deceased leaves valid will
"123b. (1) This section applies where the Commission is satisfied that:
    (a) the deceased left a valid will; and
    (b) but for the applicable sections, the will would dispose of the deceased's right to the distributable amount (either expressly or as part of the residue of the deceased's estate).
"(2) Where this section applies and the Commission is satisfied that the will appointed an executor or executors, the Commission may, subject to subsection (6), approve payment of the whole or part of that amount to an executor of the will.

"(3) Where this section applies and the Commission is satisfied that:
    (a) no-one is executor of the will; and
    (b) a person has applied for and obtained a grant of letters of administration with the will annexed;
the Commission may approve payment of the whole or part of that amount to the person to whom the grant was made.
"(4) Where this section applies and the Commission is satisfied that:
    (a) no-one is executor of the will;
    (b) letters of administration with the will annexed have not been applied for or granted; and
    (c) distribution of the whole or part of the distributable amount in accordance with the statutory order referred to in section 123d would not be inconsistent with the terms of the will;
the Commission may, subject to subsection (6), approve payment of the whole or part of that amount in accordance with the statutory order.
"(5) Where this section applies and the Commission is satisfied that:
    (a) no-one is executor of the will; and
    (b) the waiting period has elapsed without an application for letters of administration with the will annexed having been made;
the Commission may, subject to subsection (6), approve payment of the whole or part of