NSW Trustee and Guardian Act 2009
33Entitlement to costs
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33 Entitlement to costs
33 Entitlement to costs
(cf PT Act, ss 43A and 43B)
(1) The NSW Trustee is entitled to the NSW Trustee’s costs out of an estate for any application by the NSW Trustee for probate of any will or for administration with a will annexed.
(2) The NSW Trustee is entitled to the NSW Trustee’s costs out of an estate if the NSW Trustee applies for administration at the request of one or more beneficiaries of a deceased estate who cannot agree as to the person to be appointed administrator, whether or not the NSW Trustee is appointed administrator.
(3) The NSW Trustee is not liable for the costs of any other person in respect of an application or estate referred to in subsection (1) or (2).