74Power of Public Trustee to submit certain matters for opinion or direction of judge

74 Power of Public Trustee to submit certain matters for opinion or direction of judge

(1)  [Section 74 Subsection (1) amended by No. 9 of 2006, s. 12, Applied:01 Oct 2006] *[Section 74 Subsection (1) amended by No. 55 of 1965, s. 5 ]**[Section 74 Subsection (1) amended by No. 14 of 1977, s. 16 ]*In respect of any estate or interest therein not exceeding the prescribed amount in value, the Public Trustee, without instituting any proceedings against any person, may seek the opinion or obtain the direction of a judge upon any question, whether of law or fact, arising in the course of his duties.

(2)  Any such question shall be submitted by petition or summons at such time as the judge may direct, and shall be accompanied by such statement of facts, documents, or other information as he may require, all of which shall be verified by affidavit, and the Public Trustee or anyone authorized by him, if the judge so directs, shall attend upon the judge at such time and place as the judge may appoint.

(3)  The judge, before giving his opinion or direction, may require the attendance of, or communication with, any person interested in the subject-matter of such question, but no such person shall have a right to be heard unless the judge so directs.

(4)  The judge shall give his opinion or direction to the Public Trustee, and the Public Trustee shall act in accordance with such opinion or direction, and, upon the request in writing of any such interested person, shall communicate to him the effect of such opinion or direction.

(5)  The Public Trustee, in acting on such opinion, direction, or decision, shall be fully indemnified.