21Power of Public Trustee to exercise certain powers pending grant of probate or administration to person entitled thereto

21 Power of Public Trustee to exercise certain powers pending grant of probate or administration to person entitled thereto

(1)  Where any person has died, or dies, leaving property in this State, and notwithstanding that some person other than the Public Trustee is appointed executor, or is entitled to letters of administration, the Public Trustee, if he thinks fit, pending the grant of probate or letters of administration, may file in the office of the Registrar an election in writing setting forth that he intends to exercise with respect to the estate of such person all such powers and authorities and do all such acts and things as he might have, exercise, or do, if such person had died intestate, and the Public Trustee had obtained letters of administration of his estate, and thereupon the Public Trustee may exercise such powers and authorities and do such acts and things accordingly.

(2)  The Public Trustee shall not, in any such case as aforesaid, sell, lease, exchange, mortgage, or partition any portion of the property, other than personal estate of a perishable nature, except by order of the Court made on his application.

(3)  Before filing an election under this section the Public Trustee shall give notice in writing or by telegram to any person in this State, known to the Public Trustee as a person who would be entitled to obtain probate or letters of administration, and not being an infant or a person of unsound mind, informing such person that he intends so to act unless such person proceeds to apply for probate or letters of administration forthwith.

(4)  If such person, within twenty-one days after the posting of such notice or the despatching of such telegram to him, does not give notice, in writing or by telegram, to the Public Trustee that he intends to apply for probate or letters of administration, or gives such notice, but fails for fourteen days thereafter to apply for the same, or if he makes such application and it fails, then, unless the Court otherwise orders, the Public Trustee may proceed to exercise any of the powers and authorities given by this section.

(5)  If more persons than one are entitled to take out probate or letters of administration, it shall be sufficient to give such notice as aforesaid to one of such persons only.

(6)  Where it is not known to the Public Trustee that there is in this State any person entitled to obtain probate or letters of administration, or in any case of emergency, of which the Public Trustee shall be the sole judge, the Public Trustee may exercise the powers and authorities conferred on him by this section without giving such notice as aforesaid.