30General duties and powers of Public Trustee

30 General duties and powers of Public Trustee

(1)  Subject to this Act the duties and rights of the Public Trustee, when acting in any capacity under this Act, shall be the same as those of a private person acting in the like capacity.

(2)  The Public Trustee may decline, either absolutely or except upon conditions, to accept any appointment under this Act, but shall not so decline on the ground only of the small value of the property concerned.

(3)  Upon any appointment of the Public Trustee under this Act, all estates, rights, powers, and functions in and with respect to the subject-matter of such appointment, shall, by virtue of such appointment, and without other assurances in the law, become thereby vested in the Public Trustee.

(4)  If the Public Trustee declines to accept any appointment under this Act, notice thereof shall be sent to such persons as the Public Trustee thinks fit.

(5)  If any property has become, by virtue of an appointment which the Public Trustee declines to accept, vested in the Public Trustee, then, by virtue of such refusal, such property shall cease to be vested in the Public Trustee, and shall become vested in such persons as would have been entitled thereto if such appointment had not been made; and the Public Trustee may execute and do all such instruments and things as may be necessary to give effect to such refusal.

(6)  *[Section 30 Subsection (6) amended by No. 20 of 1995, s. 3 and Sched. 1 ]*The evidence of acceptance or refusal of any appointment shall be conclusive if such acceptance or refusal is in writing.