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Administration and Probate Act 1969
51Public Trustee to give notice of intention to act
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51 Public Trustee to give notice of intention to act
(1) Before the Public Trustee first acts under section 50 in respect of
an estate, he or she must serve a notice under this section on any
person that he or she knows of who would be entitled to apply for
representation of the estate.
(2) A notice served under this section is to be in the form the Public
Trustee thinks fit and is to state that the Public Trustee intends to
act under section 50 unless the person to whom the notice is
directed applies for representation of the estate and that the Public
Trustee will be entitled to act under that section if the person:
(a) does not, within a period of 21 days after service, advise the
Public Trustee in writing that the person intends to apply for
representation; or
(b) having advised the Public Trustee in accordance with
paragraph (a):
(i) fails to apply to the Court within 14 days of giving that
advice; or
(ii) makes an application to the Court and is not successful
in obtaining representation.
(3) If the person served with a notice under this section fails to advise
the Public Trustee in accordance with subsection (2)(a), or fails to
obtain representation for a reason specified in subsection (2)(b), the
Public Trustee may act under section 50 unless the Court orders
otherwise.
(4) If more than one person is entitled to apply for representation of an
estate, it is sufficient for the Public Trustee to serve a notice under
this section on only one of those persons.
(5) If the Public Trustee is of the opinion that the delay in acting under
section 50 caused by the requirement to give notice under this
section would cause detriment to an estate, or to the interest of a
creditor or beneficiary of the estate, the Public Trustee may act
immediately under that section.