New South Wales Repealed Acts

This legislation has been repealed.

PUBLIC TRUSTEE ACT 1913 - SECT 18A

18A Election by Public Trustee to administer

(1) Where any person has heretofore died or hereafter dies testate, in or out of New South Wales, leaving property in New South Wales the gross value of which, as estimated by the Public Trustee, does not at the time of the election, hereinafter mentioned, exceed such amount as may be prescribed by the regulations, and no person has obtained probate, the Public Trustee may, in all cases where the Public Trustee is entitled to obtain probate, in lieu of obtaining probate, file in the prescribed registry an election under the Public Trustee’s hand, or the hand of a person prescribed by the regulations or belonging to a class of persons prescribed by the regulations, and sealed with the Public Trustee’s seal setting forth the name, residence, and occupation (as far as then known to the Public Trustee) of the testator at the date of the testator’s death, and the property forming the testator’s estate and the date of the testator’s death as then known to the Public Trustee, and stating that, after due inquiries, the Public Trustee believes that the document annexed to such election is the testator’s last will, and that such will has been validly executed according to the law governing the execution of wills, and electing to administer the property according to the provisions thereof.

(2) When any person has heretofore died or hereafter dies intestate, in or out of New South Wales, leaving property in New South Wales the gross value of which, as estimated by the Public Trustee, does not at the time of the election hereinafter mentioned exceed such amount as may be prescribed by the regulations, and no person has taken out letters of administration, the Public Trustee may, in all cases where the Public Trustee is entitled to take out letters of administration, and in lieu of taking out such letters, file in the prescribed registry an election under the Public Trustee’s hand, or the hand of a person prescribed by the regulations or belonging to a class of persons prescribed by the regulations, and sealed with the Public Trustee’s seal setting forth the name, residence and occupation (so far as then known to the Public Trustee) of the intestate at the date of the intestate’s death, and the property forming the intestate’s estate, and the date of the intestate’s death, as then known to the Public Trustee, and electing to administer such estate.

(3) On such election being filed the Public Trustee shall be deemed to be executor or administrator (as the case may be) in like manner in all respects as if probate or letters of administration had been duly granted to the Public Trustee.

(3A)

(a) Where a grant of probate or letters of administration (in this subsection referred to as the "original grant") has been made in respect of the estate of any deceased person (in this subsection referred to as the "original estate") and the person to whom the original grant or any subsequent or substituted grant of probate or letters of administration was made has died leaving part of the original estate unadministered and the gross value, as estimated by the Public Trustee, of so much of the part of the original estate so left unadministered as is within New South Wales, does not, at the time of the election hereinafter referred to, exceed such amount as may be prescribed by the regulations, and no person has, since the death of the last executor or administrator, taken out letters of administration de bonis non in respect of the original estate, the Public Trustee may in all cases where the Public Trustee is entitled to take out letters of administration de bonis non, and in lieu of taking out such letters, file in the prescribed registry an election under the Public Trustee’s hand, or the hand of a person prescribed by the regulations or belonging to a class of persons prescribed by the regulations, and sealed with the Public Trustee’s seal setting forth the fact of the original grant, the death of the executor or administrator, and particulars of the property so left unadministered, and electing to administer the property so left unadministered.

(b) On such election being filed the Public Trustee shall be deemed to be the administrator of so much of the part of the original estate so left unadministered as is within New South Wales in all respect as if letters of administration de bonis non of the original estate had been duly granted to the Public Trustee.

(4) The Public Trustee shall publish, if the deceased resided in New South Wales at the date of death, in a newspaper circulating in the district where the deceased resided and, in any other case, in a Sydney daily newspaper, a notice that the Public Trustee has made such an election, and such notice shall be conclusive evidence that the Public Trustee is rightfully entitled to administer under this section.

(5) If after filing such election the gross value of the property to be administered is found to exceed such sum as may be prescribed by the regulations, the Public Trustee shall, as soon as practicable thereafter, file in the prescribed registry a memorandum under the Public Trustee’s hand, or the hand of a person prescribed by the regulations or belonging to a class of persons prescribed by the regulations, stating the fact, and proceed in the ordinary manner to obtain probate or letters of administration.

(5A) If after filing such election a later will or a will, as the case may be, is found the Public Trustee shall, as soon as practicable, file in the prescribed registry a memorandum under the Public Trustee’s hand, or the hand of a person prescribed by the regulations or belonging to a class of persons prescribed by the regulations, stating the fact.
On such a memorandum being filed the Public Trustee shall cease to be executor or administrator but may, in any case in which the Public Trustee is entitled to obtain probate or to take out letters of administration, file a further election under this section, or proceed in the ordinary manner to obtain probate or letters of administration.
Where the Public Trustee is not so entitled the provisions of section 40D of the Probate and Administration Act 1898 shall apply in all respects as if a grant of probate or letters of administration to the Public Trustee had been revoked.

(6) In this section "will" includes all codicils thereto, and "probate" includes letters of administration with the will annexed, whether granted for general, limited, or special purposes.