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Administration and Probate Act 1929
91Cessation of rights and liabilities of public trustee and
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91 Cessation of rights and liabilities of public trustee and
(1) The following cease on the grant of probate or administration under
section 90:
(a) all the interest and functions of the public trustee and guardian
(except rights given by this section) in relation to the estate of
the deceased person whose estate is affected by the grant;
(b) all liabilities of the public trustee and guardian under any
contract or agreement entered into in relation to the estate, or
any part of the estate.
(2) The part of the estate of the deceased person left unadministered by
the public trustee and guardian, and all functions of the public trustee
and guardian in relation to it, vest in the executor or administrator
obtaining the probate or administration.
(3) Nothing in this section interferes with the allowance and payment
of—
(a) all money due for the commission of the public trustee and
guardian; and
(b) the necessary outlay, disbursements, costs, charges, and
expenses in relation to the estate, including all costs in relation
to appearing on the application for the probate or administration.
(4) Nothing in this section relieves the public trustee and guardian from
any liability in relation to the management of the estate up to the time
of granting the probate or administration.