PUBLIC TRUSTEE ACT 1995 - SECT 15
PUBLIC TRUSTEE ACT 1995 - SECT 15
15—Appointment of Public Trustee by executors, administrators or
trustees
(1) With the consent
of the Court—
(a)
executors may, unless expressly prohibited, appoint the Public Trustee sole
executor; and
(b)
administrators may, unless expressly prohibited, appoint the Public Trustee
sole administrator; and
(c)
trustees (whether appointed by or under a will, settlement, declaration of
trust or in any other way) may, unless expressly prohibited and despite the
terms of the trust as to the number of trustees, appoint the Public Trustee
sole trustee in their place.
(2) Executors whose
duties continue in the nature of a trusteeship after completion of their
administration will, for the purpose of subsection (1), be taken to be
trustees.
(3) An application may
be made for consent under this section by less than the full number of the
executors, administrators or trustees but the Court may not give its consent
if there is another executor, administrator or trustee willing and, in the
opinion of the Court, suitable to act.
(4) An application may
be made under this section by an executor before or after proving the will.
(5) The Public Trustee
may be appointed under this section without the need to obtain the consent of
any person whose consent to the appointment would, apart from this subsection,
be required.
(6) This section is in
addition to and does not derogate from section 14 of the Trustee Act 1936
.
(7) This section
applies to executors, administrators or trustees appointed before or after the
commencement of this Act.