ADMINISTRATION AND PROBATE ACT 1919 - SECT 69
ADMINISTRATION AND PROBATE ACT 1919 - SECT 69
69—Public Trustee and other persons may obtain judicial advice or
direction
(1) The Public Trustee
shall, and any trustee, executor, or administrator may, when in difficulty or
doubt, apply to a Judge for advice or direction as to matters connected with
the administration of any estate, or the construction of any will, deed, or
document.
(2) Such application
may be made either without notice to or upon summons served upon any of the
parties interested.
(3) Any person
interested in any estate, who is dissatisfied with the conduct of the Public
Trustee in any matter connected with the management or administration thereof,
may apply to a Judge by summons to be served upon the Public Trustee to review
such conduct.
(4) A Judge may, upon
the hearing of an application under this section, make any order, declaratory
or otherwise, that he sees fit as to the administration of the estate, or the
construction of the will, deed, or document, which is the subject of the
application, and also as to the costs of the application.
(5) Any such order
made in the absence of an interested party shall have the same effect, or be
of the same force or validity, so far as regards protection to the Public
Trustee, or other trustee, or the executor, or administrator, as if the same
had been a decree or order made in an action where all parties concerned were
represented.
(6) The Judge may
refer any question of law arising on an application under this section for the
opinion of the Supreme Court, or may direct an issue to be tried by, or an
action to be instituted in, the Supreme Court.