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Administration and Probate Act 1929
38AEstate to vest in public trustee and guardian until grant
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38A Estate to vest in public trustee and guardian until grant
(a) a person dies; and
(b) representation has not been granted.
(2) The person’s real and personal estate vests in the public trustee and
guardian.
(3) The public trustee and guardian may undertake the administration of
the person’s estate while the person’s property is vested in the public
trustee and guardian.
(4) However, subsection (3) does not require the public trustee and
guardian—
(a) to administer the estate; or
(b) act as trustee of any trust created by the person’s will; or
(c) exercise any discretion, power or authority of a personal
representative, trustee or devisee.