51Public Trustee to give notice of intention to act

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.