This section shall apply to applications and orders under the Family Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949, or arising out of contracts to make a will containing certain provisions or not to revoke an existing will or a specified provision therein or not to make a will.

No action shall lie against the administrator or trustee of the estate of any deceased person by reason of his having distributed any part of the estate, and no application or order to which this section applies shall disturb the distribution, if it was properly made by the administrator or trustee for the purpose of providing for the maintenance, support, or education of any person who was totally or partially dependent on the deceased immediately before the death of the deceased, whether or not the administrator or trustee had notice at the time of the distribution of any application or intention to make an application that would affect the estate, being an application to which this section applies.

No person who may have made or may be entitled to make an application to which this section applies shall be entitled to bring an action against the administrator or trustee by reason of his having distributed any part of the estate if the distribution was properly made by the administrator or trustee after the person (being of full legal capacity) has advised the administrator or trustee in writing that the person either—

No action shall lie against the administrator or trustee by reason of his having distributed any part of the estate if the distribution was properly made by the administrator or trustee after the expiration of six months from the date of the grant in New Zealand of administration in the estate of the deceased, and without notice of any application or intention to make any application that would affect the estate, being an application to which this section applies.

Without limiting the foregoing provisions of this section, it is hereby declared that no action by any person whose relationship to the deceased is in any degree not traced through lawful wedlock shall lie against the administrator or trustee by reason of his having prejudiced any claim of that person under the Family Protection Act 1955 by distributing any part of the estate, if the distribution was properly made by the administrator or trustee without notice of any application or intention to make any application under that Act in respect of the estate.

For the purposes of this section notice to an administrator or trustee of an intention to make any application to which this section applies shall lapse and shall be incapable of being renewed, and the administrator or trustee may act as if he had not received the notice, unless, before the expiration of three months after the date on which he first receives notice of the intention to make the application, the administrator or trustee receives notice that the application has been made to the Court:

“Provided that nothing in this subsection shall prevent the subsequent making of the application within the period allowed by law.

For the purposes of this section a distribution by an administrator or trustee of any part of the estate shall be deemed to be properly made if it is made in accordance with any trust, power, or authority which is subsisting when the distribution is made and would justify the distribution if each application to which this section applies in connection with the estate (being an application on which no order had been made prior to the distribution) were disallowed by the Court:

“Provided that nothing in this subsection shall restrict the provisions in subsections (4) and (5) of this section requiring that the distribution shall have been made without notice of the matters therein specified.

In this section and in section 30b of this Act—

In any case where an administrator or trustee has made a distribution of any assets forming part of the estate of any deceased person or subject to any trust and there is nothing in any Act to prevent the distribution from being disturbed, the Court may—

The remedies given to any person by subsection (1) of this section are in addition to all other rights and remedies (if any) available to that person, and nothing in that subsection shall restrict any such other rights and remedies.

No application for an order under subsection (1) of this section shall be heard by the Court,—

Notwithstanding anything to the contrary in subsection (3) of this section, in any case where an administrator or trustee has made a distribution of any assets forming part of the estate of any deceased person or subject to any trust, and any person who is entitled to apply for an order under subsection (1) of this section has, within the time specified in the said subsection (3), made an application to the Court for any order to which section 30a of this Act applies or an order on any claim to which section 35 of the Trustee Act 1956 applies, and that person was not aware of the distribution at the time when he made that application, an application by that person under the said subsection (1) may be heard by the Court after the expiration of the period prescribed by the said subsection (3) if it is made within six months after the date on which the person first became aware of the distribution.

Notwithstanding any rule of law to the contrary, in any case where an administrator or trustee has made a distribution of any assets forming part of the estate of any deceased person or subject to any trust—

In any case where an administrator or trustee has made a distribution of any assets forming part of the estate of any deceased person or subject to any trust, relief (whether under subsection (1) of this section or in equity or otherwise) against any person other than the administrator or trustee or in respect of any interest of any such person in any assets so distributed and in any money or property into which they have been converted, shall be denied wholly or in part if the person from whom relief is sought received the assets or interest in good faith and has so altered his position in reliance on his having an indefeasible interest in the assets or interest that in the opinion of the Court, having regard to all possible implications in respect of the administrator or trustee and other persons, it is inequitable to grant relief or to grant relief in full, as the case may be.”

After the commencement of this section, no grant of probate of the will of any deceased person or letters of administration of the estate of a deceased person, either with or without the will annexed, shall be made to any company unless the company is expressly authorised by an Act of Parliament to apply for and obtain the grant.

For the purposes of this section a grant of probate or letters of administration to a syndic of a company shall be deemed to be a grant to that company; and where a power is granted to a company or to the directors of a company by will to nominate any person as executor of the will, a grant to a person so nominated shall be deemed to be a grant to the company.

Nothing in this section shall—

This section shall come into force on the first day of January, nineteen hundred and sixty-three.