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7.14.2 Recovery from deceased's estate
188.8.131.52 — The legal personal representative of the estate (or the executor or trustee) must be contacted so a claim for the refund of the debt can be lodged. If the legal personal representative of the estate is unknown, the Public Trustee, Probate Office or Official Trustee should be contacted for details of who is handling the estate. If there is no record of the deceased with the Public Trustee, the informant should be contacted for this information.
184.108.40.206.If there is no record of the deceased with the Public Trustee and the informant advises that they do not know who is handling the estate, the debt should be written off. See this manual's Section 7.16 Write-Off.
220.127.116.11 — In cases where the debtor dies either during the 3 month appeal period, or when the formal claim on the estate serves as the first notification of the debt, the claim is to include details regarding rights of review.
18.104.22.168 — If the Department's claim for refund was made before the date on which the estate was distributed, the overpayment is still recoverable. Recovery action must be based on the cost effectiveness of the options available. Civil action may be taken against the trustee/executor if there are identifiable traceable assets. An identifiable traceable asset is one once owned by the deceased but passed to the beneficiaries by virtue of the deceased's will or local intestacy rules (e.g. shares, bank accounts, real or personal property, etc). Superannuation, insurance or compensation are not traceable assets.
22.214.171.124 — If the Department's claim for refund was not made before the date on which the estate was distributed, the overpayment should be written off. This leaves the debt open for DVA to accept a voluntary repayment of the debt from a third party such as a family member who feels a moral obligation to repay the debt. If after a 3-6 month review period there is no likelihood of the debt being repaid the debt should be waived under paragraph 206(1) (b) VEA.
126.96.36.199 — Where it is determined that there is no estate to repay the debt, and there is no probability of the debt ever being repaid by voluntary repayment, (e.g. the deceased debtor has no living family members), the debt should be waived.