ADMINISTRATION AND PROBATE ACT 1958 - SECT 35 Court may assign bond and remove administrator

ADMINISTRATION AND PROBATE ACT 1958 - SECT 35

S. 35(1) amended by No. 110/1986 s. 140(2).

    (1)     On being satisfied that there has been negligence or maladministration of the estate of which a person has obtained administration in the capacity of a creditor or that the condition of any administration bond executed by any person who has obtained administration in such capacity has been broken in any substantial particular the Court—

S. 35(1)(a) amended by Nos 55/1987

s. 57(3)(Sch. 5 item 4), 10/1994

s. 13(d) ^[1] , 15/1998

s. 5(d)(i).

        (a)     may order the registrar to assign the administration bond to a trustee company or any other person named in the order; and

S. 35(1)(b) amended by Nos 110/1986 s. 140(2), 55/1987

s. 57(3)(Sch. 5 item 5), 15/1998

s. 5(d)(ii).

        (b)     may if the Court thinks fit remove such creditor from the position of administrator and appoint a trustee company or any other person to be named in the order administrator in place of the administrator so removed upon such terms and conditions as the Court thinks fit and may make all necessary orders for vesting the estate in the new administrator and as to accounts and such order as to costs as the Court thinks fit.

S. 35(2) amended by No. 15/1998

s. 5(e).

    (2)     Upon an appointment under paragraph (b) of the last preceding subsection, the provisions of section 34(3) and (4) shall so far as appropriate apply as if repeated in this section.

Division 5—Administration of assets

No. 3632 s. 31.