NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 29 Discovery of later will

NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 29

29 Discovery of later will

(cf PT Act, s 18A (5A))

(1) If, after an election takes effect under this Division, a later will, or a will, is found, the NSW Trustee must file a notice to that effect in the registry of the Supreme Court.

(2) On filing the notice, the NSW Trustee ceases to be the executor or administrator of the estate and may, if it is otherwise entitled to do so, obtain probate or administration in the ordinary manner or make a new election under this Division.

(3) If the NSW Trustee does not obtain probate or letters of administration or make a new election under this Division, the Probate and Administration Act 1898 applies as if a grant of probate or administration to the NSW Trustee had been revoked.

Note : See section 40D of the Probate and Administration Act 1898 .