sec.31Appointment of public trustee in the place of existing personal representative

### sec.31 Appointment of public trustee in the place of existing personal representative Where a grant of probate or of letters of administration has been made to any person and part of the estate the subject of such grant is unadministered, the public trustee or any person interested may apply to the court, on the ground that it is for the benefit of any person who is or may be found to be interested in such estate that the existing executor or administrator be removed and that the estate be administered by the public trustee, for the granting of an order to administer to the public trustee and the court may make such order on the application as it thinks fit. The applicant, before making any such application, shall give 7 days notice thereof to the existing executor or administrator. However, for any reason which it considers sufficient the court may hear the application notwithstanding that such notice has not been given. With the consent of the court, executors or administrators (with or without a will annexed) may, unless expressly prohibited, appoint the public trustee respectively executor or administrator, notwithstanding that any consent which would otherwise be requisite has not been obtained. However, if the gross value of the assets requiring administration, as estimated by the public trustee, does not exceed $150,000 and, should the consent of any person to the appointment of an executor or administrator be requisite, that such consent has been obtained, it shall not be necessary to obtain the consent of the court. Where there are more executors or administrators than 1, the court may, on the application of any of such executors or administrators, appoint the public trustee respectively executor or administrator, notwithstanding that any consent which would otherwise be requisite has not been obtained. When the court consents to an appointment pursuant to subsection (2) or makes an appointment pursuant to subsection (3) , an order to administer shall be made in favour of the public trustee. When an appointment is made, pursuant to subsection (2) , without the consent of the court, the public trustee shall file in the court an election to administer, in the form approved by the public trustee. This section applies whether or not the date of the will (if any) or of the death of the deceased person or of the grant of probate (if any) or of the letters of administration is before or after the commencement of this Act. Subsections (2) to (3) apply to an executor whether or not the executor has obtained a grant of probate. Whenever under this section any executor or administrator with the will annexed appoints the public trustee executor or administrator, the public trustee shall, by virtue of the appointment, be also the trustee in respect of any trust created by the will— where the executor or administrator was trustee; or where there was no trustee in existence; at the date of the appointment of the public trustee. On any application under this section the court may make such order or orders as it thinks fit. s 31 amd 1988 No. 73 s 9 ; 1994 No. 24 s 3 (1) sch ; 2004 No. 43 s 97 ; 2007 No. 37 s 162 sch (sec.31-ssec.1) Where a grant of probate or of letters of administration has been made to any person and part of the estate the subject of such grant is unadministered, the public trustee or any person interested may apply to the court, on the ground that it is for the benefit of any person who is or may be found to be interested in such estate that the existing executor or administrator be removed and that the estate be administered by the public trustee, for the granting of an order to administer to the public trustee and the court may make such order on the application as it thinks fit. (sec.31-ssec.1A) The applicant, before making any such application, shall give 7 days notice thereof to the existing executor or administrator. (sec.31-ssec.1B) However, for any reason which it considers sufficient the court may hear the application notwithstanding that such notice has not been given. (sec.31-ssec.2) With the consent of the court, executors or administrators (with or without a will annexed) may, unless expressly prohibited, appoint the public trustee respectively executor or administrator, notwithstanding that any consent which would otherwise be requisite has not been obtained. (sec.31-ssec.2A) However, if the gross value of the assets requiring administration, as estimated by the public trustee, does not exceed $150,000 and, should the consent of any person to the appointment of an executor or administrator be requisite, that such consent has been obtained, it shall not be necessary to obtain the consent of the court. (sec.31-ssec.3) Where there are more executors or administrators than 1, the court may, on the application of any of such executors or administrators, appoint the public trustee respectively executor or administrator, notwithstanding that any consent which would otherwise be requisite has not been obtained. (sec.31-ssec.4) When the court consents to an appointment pursuant to subsection (2) or makes an appointment pursuant to subsection (3) , an order to administer shall be made in favour of the public trustee. (sec.31-ssec.4A) When an appointment is made, pursuant to subsection (2) , without the consent of the court, the public trustee shall file in the court an election to administer, in the form approved by the public trustee. (sec.31-ssec.5) This section applies whether or not the date of the will (if any) or of the death of the deceased person or of the grant of probate (if any) or of the letters of administration is before or after the commencement of this Act. (sec.31-ssec.5A) Subsections (2) to (3) apply to an executor whether or not the executor has obtained a grant of probate. (sec.31-ssec.6) Whenever under this section any executor or administrator with the will annexed appoints the public trustee executor or administrator, the public trustee shall, by virtue of the appointment, be also the trustee in respect of any trust created by the will— where the executor or administrator was trustee; or where there was no trustee in existence; at the date of the appointment of the public trustee. (sec.31-ssec.7) On any application under this section the court may make such order or orders as it thinks fit. - (a) where the executor or administrator was trustee; or - (b) where there was no trustee in existence;