35Reciprocal arrangements for intestacy

35 Reciprocal arrangements for intestacy

35 Reciprocal arrangements for intestacy

(cf PT Act, ss 55 and 56)

(1) In this section—

Public Trustee of a reciprocating State means a person or body that exercises functions equivalent to the trust capacities of the NSW Trustee in the reciprocating State.

reciprocating State means—

(a) any other State or a Territory of Australia, or

(b) any country prescribed by the regulations as a reciprocating State for the purposes of this section.

(2) The NSW Trustee may pay to the Public Trustee of a reciprocating State the proceeds of an estate of a person for which the NSW Trustee is acting as collector of the estate, after payment of creditors and any costs under this Act, if—

(a) the person was domiciled in the reciprocating State when the person died, and

(b) the Public Trustee of the reciprocating State is the administrator of the estate or is the collector of the estate in the reciprocating State.

(3) The NSW Trustee—

(a) is not required to see to the application of, and is not liable in respect of, any money paid to the Public Trustee of a reciprocating State under this section, and

(b) is not liable for any act or omission of the Public Trustee of a reciprocating State in the exercise of functions referred to in this section.

(4) The NSW Trustee may receive from the Public Trustee of a reciprocating State the proceeds of the estate of a person in the reciprocating State that is being administered by that Public Trustee or for which that Public Trustee is acting as the collector of the estate if—

(a) the person was domiciled in this State when the person died, and

(b) the NSW Trustee is the administrator of the person’s estate.

(5) The proceeds of an estate received by the NSW Trustee under this section form part of the estate of the deceased person and are to be dealt with in accordance with the law of this State.

s 35: Am 2011 No 8, Sch 1.6 [1].