New South Wales Repealed Acts

This legislation has been repealed.

PUBLIC TRUSTEE ACT 1913 - SECT 18

18 Grant of probate or administration to Public Trustee

(1) The Court may grant probate or letters of administration of any will or estate to the Public Trustee by that name.

(1A)

(a) Where the Public Trustee applies for letters of administration of the estate of any person, domiciled in New South Wales or elsewhere, who died, either before or after the commencement of the Public Trustee (Amendment) Act 1960 , intestate, leaving property in New South Wales, and letters of administration of that deceased person’s estate:

(i) have not been granted to any person, or

(ii) have been granted to some person other than the Public Trustee and the grant has been revoked or the person to whom the grant was made has died without completing the administration of the estate,

the Public Trustee shall, subject to paragraph (b), be entitled as of right to a grant of letters of administration of the estate of that deceased person.

(b) Where letters of administration of any such deceased person’s estate:

(i) have not been granted to any person, or

(ii) have been granted to some person and the grant has been revoked or the person to whom the grant was made has died without completing the administration of the estate,

and the Public Trustee and some other person severally apply for letters of administration of the estate the Court may grant letters of administration of the estate to the Public Trustee or that other person, as the Court thinks fit.

(c) Where the Public Trustee applies for letters of administration of any such deceased person’s estate it shall not be necessary for the Public Trustee to cite any person or to obtain or file the consent of any person to such letters of administration being granted to the Public Trustee, and the Court shall not require the Public Trustee to cite any person or obtain or file any such consent.

(d) Nothing in this subsection requires the consent or citation of the Public Trustee to the grant of letters of administration to any other person.

(2) Any executor who has obtained probate or any administrator who has obtained letters of administration, notwithstanding that the executor or administrator has acted in the administration of the deceased’s estate, and notwithstanding the existence of any other executor or administrator, may apply to the Court for an order transferring such estate to the Public Trustee for administration.
Upon the making of any such order the estate of the deceased left unadministered and all rights and obligations in respect thereof shall, without other assurances in the law, become and be conveyed, assigned and transferred to the Public Trustee as executor or administrator as the case may be, so that the same shall thereupon become and be legally and effectually vested in the Public Trustee, and subject to the provisions of this Act, the Public Trustee shall have all the powers of such executor or executors, administrator or administrators, and such executor or executors, administrator or administrators, shall not be in any way liable in respect of any act or default in reference to such estate subsequent to the date of such order other than the act or default of the executor or executors or administrator or administrators, or of persons other than the executor or executors or administrator or administrators for whose conduct the executor or executors or administrator or administrators is or are in law responsible:
Provided that where any portion of such estate is subject to an Act by or under which provision is made for or with respect to the transfer of an estate or interest in property of the same class or description as that trust property, the necessary and appropriate transfers shall be executed and registered so as to transfer such property to the Public Trustee, and, until such transfers are so executed and registered, such executor or executors, administrator or administrators shall not be discharged from the trusts in respect of such portions of the estate.