50Public Trustee may act before property vests in executor or

50 Public Trustee may act before property vests in executor or administrator (1) Until property vested in the Public Trustee under section 49 vests or is taken to vest in accordance with section 49(a) or (b), the Public Trustee may, if he or she thinks fit, exercise the powers and perform the duties in relation to the property that he or she would have been authorised to exercise and perform if the deceased had died intestate and the Public Trustee had been granted administration of the estate. (2) When acting under this section, the Public Trustee must not: (a) distribute any property to a beneficiary of the estate; (b) sell, lease, exchange, mortgage or partition any portion of the real property of the estate unless ordered to do so by the Court on the application of the Public Trustee or another person; or (c) sell any personal property without an order of the Court unless the property is of a perishable nature or liable to deteriorate or is for any other reason liable to decrease unduly in value if retained. (3) A decision by the Public Trustee when acting under this section that personal property is of a perishable nature or is liable to deteriorate, or is for any reason liable to decrease unduly in value if retained, is conclusive and binding upon all persons. (4) All costs, charges and expenses incurred by the Public Trustee when acting under this section is a first charge upon the property of the deceased person. (5) If the property of the deceased person vests or is taken to vest in accordance with section 49(a) or (b) on an executor or administrator other than the Public Trustee, he or she must enter into an appropriate agreement with the Public Trustee for the payment of any costs referred to in subsection (4). (6) The Public Trustee acting under this section is not liable as an executor de son tort. Administration and Probate Act 1969 16