76Validation of certain acts and orders

76 Validation of certain acts and orders

[Section 76 Amended by 25 Geo. V No. 78 ]

(1)  Where the Public Trustee, believing in good faith that any person has died testate or intestate, as the case may be, obtains probate or administration of the estate of such person, or administers the same under statutory power, or is appointed or acts as trustee under a will of such person, and subsequently it is found that –

(a) such person is still living;

(b) such person did not die testate, or intestate, as was so believed; or

(c) a later will of such person exists altering or revoking the will upon which the Public Trustee has acted –

all acts and omissions of the Public Trustee in relation to the estate of such person shall be as valid and effectual as if such belief as aforesaid had not been erroneous.

(2)  Proof that such belief as aforesaid was not held in good faith shall be upon the person who alleges the same.

(3)  All orders, heretofore made by the Court, appointing the Public Trustee to be sole trustee for any of the purposes of the Settled Land Act 1884 , or to be committee of the estate or person of a person of unsound mind, shall be as valid and effectual as if the same had been made under this Act.