PUBLIC TRUSTEE ACT 1941 - SECT 12
PUBLIC TRUSTEE ACT 1941 - SECT 12
12 . Public Trustee may be appointed to act by executors and administrators
(1) Any person or the
majority of the persons entitled to obtain administration (with the will of
any testator annexed) of the estate of such testator, may authorise the Public
Trustee to apply to the Court for and obtain an order to administer the
estate.
(2) Any person or a
majority of the persons named expressly or by implication as executor in any
will may, unless expressly prohibited by the will, authorise the Public
Trustee to apply to the Court for an order to administer the estate.
(3) Any person or a
majority of the persons entitled to obtain administration of the estate of any
intestate may authorise the Public Trustee to apply to the Court for an order
to administer the estate.
(4) Any executor who
has obtained probate, or any administrator who has obtained letters of
administration, notwithstanding that he has acted in the administration of the
deceased’s estate may, with the consent of the Public Trustee, and after
an account of all receipts and disbursements made by such executor or
administrator in relation to the estate of the deceased up to the date of such
application has been filed and passed by a Registrar of the Supreme Court,
apply to the Court for an order transferring such estate to the Public Trustee
for administration.
(5) An order to
administer under any of the preceding subsections may be granted, upon
application to the Court by the Public Trustee.
(6) Where there are
more executors or administrators than one, all, or the majority of such
executors or administrators, may apply to the Court or a Judge thereof to have
the Public Trustee appointed sole executor or administrator on the grounds
that the interests of the estate would be benefited by such appointment.
(7) All applications
to the Court, or a Judge thereof, under this section may be brought in such
manner as may be prescribed by rules made under this Act, and the Court or
Judge may, and is hereby given jurisdiction to make such order as it or he
thinks fit.
(8) Where to the
appointment of any executor or administrator the consent of any person is
required, and any such person refuses to consent to the Public Trustee being
appointed, or where the person to consent is an infant, has a mental
disability as defined in the Guardianship and Administration Act 1990
section 3(1) or is absent from Western Australia, or has any other disability,
then the appointment of the Public Trustee may be made without such consent,
if a Judge of the Supreme Court so orders.
[Section 12 amended: No. 12 of 1947 s. 4; No. 67
of 1979 s. 60; No. 25 of 2014 s. 82.]