ADMINISTRATION AND PROBATE ACT 1919 - SECT 65

ADMINISTRATION AND PROBATE ACT 1919 - SECT 65

65—Administrator to pay over money and deliver property to Public Trustee

        (1)         Every administrator who is possessed of or entitled to any property within this State, whether personal or real, belonging to any person who—

            (a)         is not sui juris , or

            (b)         is not resident in this State, and has no duly authorised agent or attorney therein:

shall deliver, convey, or transfer such property to the Public Trustee immediately after the expiration of one year from the date of the death of the intestate or testator, or within six months after such sooner time as the same or such portion thereof as is available for that purpose, has been sold, realised, collected, or got in.

        (2)         The Public Trustee shall then administer such property according to law, and in accordance with any will affecting such property.

        (2a)         The Public Trustee may, in his discretion, (but subject to the provisions of any will or instrument of trust) realise, or postpone the realisation of, any real or personal property delivered, conveyed or transferred to him under subsection (1) of this section.

        (3)         This section shall not apply in any case where the administrator is a limited company incorporated or taken to be incorporated under the Corporations Act 2001 of the Commonwealth, and is acting as administrator in pursuance of any powers granted to it by any Act.

        (4)         This section shall not apply to an administrator acting under any probate or administration not granted by the Supreme Court but sealed with the seal of the Supreme Court in pursuance of the provisions of section 17 of this Act.

        (5)         Subject to the provisions of any will or instrument of trust, the Public Trustee may, if he is satisfied that it will be advantageous to the beneficiaries, authorise the sale of any trust property, not exceeding four thousand dollars in value, to the administrator, or to the administrator conjointly with any other person, notwithstanding that the property has not been offered for sale by public auction or otherwise.