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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.]