15Executors, administrators, or trustees authorized to appoint Public Trustee to act in their places

15 Executors, administrators, or trustees authorized to appoint Public Trustee to act in their places

[Section 15 Amended by 25 Geo. V No. 78 ]

(1)  *[Section 15 Subsection (1) substituted by No. 113 of 1973, s. 2 ]*Except where he is expressly prohibited from so doing by the terms of the instrument under which he is acting –

(a) an executor, whenever appointed and whether he has taken out probate or not; or

(b) an administrator, whether the letters of administration are with the will annexed or otherwise and whenever the same were granted –

may appoint in writing the Public Trustee to act as executor or administrator respectively in his place.

(2)  Whenever, under subsection (1) hereof, or under section 9 of the Public Trust Office Act 1912 , any executor or administrator with the will annexed appoints, or has appointed, the Public Trustee executor or such administrator, the Public Trustee shall, by force of such appointment, be also sole trustee if such executor or administrator were sole surviving trustee, or if there were no trustee appointed by the trust instrument or in existence.

(3)  Trustees, whenever appointed, and under whatsoever trust instrument appointed, may appoint the Public Trustee sole trustee, unless expressly prohibited, notwithstanding the terms of the trust as to the number of trustees; and executors, whose duties continue in the nature of a trusteeship after their administration is closed, shall be deemed, for the purposes of this subsection, to be trustees.

(4)  Where there are more trustees, executors, or administrators than one, any one trustee, executor, or administrator, as the case may be, may apply to the Court to have the Public Trustee appointed sole trustee, executor, or administrator, and such application may be made either before or after the will, if any, has been proved.

(5)  *[Section 15 Subsection (5) amended by No. 63 of 1963, s. 2 and Sched. 2 ]*Where the consent of any person is required for the appointment of a trustee, executor, or administrator, and such person refuses to consent to the appointment of the Public Trustee, or is an infant, or is permanently absent from this State, or is under any other disability, the Court may appoint the Public Trustee without such consent.