sec.69Public trustee is trustee if bequest to unlocatable person

sec.69 Public trustee is trustee 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 given a notice by the public trustee under section 68 (6) . The public trustee is a trustee for the person on the trusts stated in, or arising under, the will. If the personal representative transfers property to the public trustee as trustee for the person, the personal representative is taken to have transferred the property to the person. Subsections (2) and (3) do not apply if the person died before the testator or, for another reason, is not entitled to an interest under the will. If the public trustee gives the personal representative a notice that the person has disclaimed property to which the person was entitled under the will, the notice is, for the purpose of administering the estate, sufficient evidence that the person has disclaimed the property. (sec.69-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 given a notice by the public trustee under section 68 (6) . (sec.69-ssec.2) The public trustee is a trustee for the person on the trusts stated in, or arising under, the will. (sec.69-ssec.3) If the personal representative transfers property to the public trustee as trustee for the person, the personal representative is taken to have transferred the property to the person. (sec.69-ssec.4) Subsections (2) and (3) do not apply if the person died before the testator or, for another reason, is not entitled to an interest under the will. (sec.69-ssec.5) If the public trustee gives the personal representative a notice that the person has disclaimed property to which the person was entitled under the will, the notice is, for the purpose of administering the estate, sufficient evidence that the person has disclaimed the property.

• (a) under a will made after the commencement, a testator makes a disposition of property to a person— (i) who is described as being a child of the testator or of another person; and (ii) whose parentage was transferred to another person or persons as a result of a cultural recognition order; and
• (i) who is described as being a child of the testator or of another person; and
• (ii) whose parentage was transferred to another person or persons as a result of a cultural recognition order; and
• (b) the personal representative of the testator is given a notice by the public trustee under section 68 (6) .
• (i) who is described as being a child of the testator or of another person; and
• (ii) whose parentage was transferred to another person or persons as a result of a cultural recognition order; and