sec.68Public trustee to make inquiries if bequest to unlocatable person

sec.68 Public trustee to make inquiries if bequest to unlocatable person

This section applies if— under a will made after the commencement, a testator makes a disposition of property to a person— who is described as being a child of the testator or of another person; and whose parentage was transferred to another person or persons as a result of a cultural recognition order; and the personal representative of the testator is unable to determine the name and address of the person. The personal representative must give the public trustee a copy of the will and a notice stating that the personal representative is unable to determine the name and address of the person. On receipt of the copy and notice, the public trustee must take steps to determine the name and address of the person and, if the person has died, the date of the death, by asking for information from— the commissioner; and the registrar under the Births, Deaths and Marriages Registration Act 2023 . Despite any other Act or law, if the commissioner receives a request from the public trustee under subsection (3) , the commissioner must give the public trustee the name and address of the person held in the commissioner’s records. The Births, Deaths and Marriages Registration Act 2023 , sections 110 and 111 does not apply to a request for information made under subsection (3) to the registrar under that Act. After taking the steps mentioned in subsection (3) , the public trustee must give a notice to the personal representative stating— that the public trustee has been able to determine— the person’s name; or the person’s address; or the death of the person; and to the extent the public trustee is unable to determine the name or address of the person or whether the person has died, what details the public trustee has been unable to determine. s 68 amd 2023 No. 17 s 178 (sec.68-ssec.1) This section applies if— under a will made after the commencement, a testator makes a disposition of property to a person— who is described as being a child of the testator or of another person; and whose parentage was transferred to another person or persons as a result of a cultural recognition order; and the personal representative of the testator is unable to determine the name and address of the person. (sec.68-ssec.2) The personal representative must give the public trustee a copy of the will and a notice stating that the personal representative is unable to determine the name and address of the person. (sec.68-ssec.3) On receipt of the copy and notice, the public trustee must take steps to determine the name and address of the person and, if the person has died, the date of the death, by asking for information from— the commissioner; and the registrar under the Births, Deaths and Marriages Registration Act 2023 . (sec.68-ssec.4) Despite any other Act or law, if the commissioner receives a request from the public trustee under subsection (3) , the commissioner must give the public trustee the name and address of the person held in the commissioner’s records. (sec.68-ssec.5) The Births, Deaths and Marriages Registration Act 2023 , sections 110 and 111 does not apply to a request for information made under subsection (3) to the registrar under that Act. (sec.68-ssec.6) After taking the steps mentioned in subsection (3) , the public trustee must give a notice to the personal representative stating— that the public trustee has been able to determine— the person’s name; or the person’s address; or the death of the person; and to the extent the public trustee is unable to determine the name or address of the person or whether the person has died, what details the public trustee has been unable to determine.