202Administration of certain estates

#### 202 Administration of certain estates 202 Administration of certain estates (cf AC Act s 68B) > > (1) In this section, a reference to the executor or administrator of the estate of a deceased person includes a reference to a person who is a trustee of the whole or any part of the property comprised in the estate. > > > (2) If— > > > > > (a) an adopted person is a beneficiary under the estate of a deceased person, and > > > > > (b) the executor or administrator of the estate does not know the name or whereabouts of the adopted person, and > > > > > (c) the Secretary certifies, in writing, to the executor or administrator that the Secretary knows the name and whereabouts of the adopted person and that the adopted person is alive, > > > > the executor or administrator may, with the approval of the NSW Trustee and Guardian, transfer to the NSW Trustee and Guardian, on behalf of the adopted person, any property to which the adopted person may be entitled under the estate or which may be otherwise applied for the adopted person’s benefit. > > > (3) A transfer made under this section is valid against all persons and the executor or administrator is absolutely discharged from all liability in relation to a transfer so made by the executor or administrator. > > > (4) The NSW Trustee and Guardian is to apply any property transferred to the NSW Trustee and Guardian under this section on behalf of the adopted person in relation to whom it was transferred in accordance with the trusts on which the property was held immediately before it was transferred as if the NSW Trustee and Guardian were the executor or administrator of the estate of the deceased person in relation to which the transfer was made. > > > (5) Nothing in this section affects any right of a person to claim or recover any property transferred under this section from a person other than the executor or administrator who transferred the property. > > **s 202:** Am 2009 No 49, Sch 2.2.