sec.33Consequences of election

### sec.33 Consequences of election On an election to administer being filed the public trustee shall be— the administrator in intestacy or with the will; the administrator of the estate or of the estate left unadministered; as the case may be, and the filing of an election shall, for the purposes of any Act or law, have the same effect as the making by the court of an order to administer. If, after filing an election to administer, the gross value of the property to be administered is found to exceed the sum of $180,000, the public trustee shall, as soon as practicable thereafter, file in the court a memorandum under the public trustee’s hand stating the fact, and proceed in the ordinary manner to obtain an order to administer. If, after filing an election to administer, the public trustee finds— that the deceased person who was supposed to have died intestate has died testate; or that the document annexed to the election as the testator’s last will is not the last will or is not the sole last will of the testator, but has been superseded by a later will which is believed to be the testator’s last will; or that the deceased person who was supposed to have died testate has died intestate, and that the document annexed to the election as the testator’s last will has no testamentary validity or effect; or that the said election is invalid, ineffective or for any other reason ought not to have been filed; the public trustee shall, as soon as practicable, file in the court a memorandum under the public trustee’s hand stating the facts and revoking the election, whereupon the election shall be revoked accordingly and the public trustee shall be at liberty to file a fresh election to administer under this section or otherwise proceed in accordance with the facts and the provisions of this section shall apply to any such fresh election as if it had been the election which had originally been filed. s 33 amd 1988 No. 73 s 9 ; 1994 No. 24 s 3 (1) sch ; 2004 No. 43 s 98 (sec.33-ssec.1) On an election to administer being filed the public trustee shall be— the administrator in intestacy or with the will; the administrator of the estate or of the estate left unadministered; as the case may be, and the filing of an election shall, for the purposes of any Act or law, have the same effect as the making by the court of an order to administer. (sec.33-ssec.2) If, after filing an election to administer, the gross value of the property to be administered is found to exceed the sum of $180,000, the public trustee shall, as soon as practicable thereafter, file in the court a memorandum under the public trustee’s hand stating the fact, and proceed in the ordinary manner to obtain an order to administer. (sec.33-ssec.3) If, after filing an election to administer, the public trustee finds— that the deceased person who was supposed to have died intestate has died testate; or that the document annexed to the election as the testator’s last will is not the last will or is not the sole last will of the testator, but has been superseded by a later will which is believed to be the testator’s last will; or that the deceased person who was supposed to have died testate has died intestate, and that the document annexed to the election as the testator’s last will has no testamentary validity or effect; or that the said election is invalid, ineffective or for any other reason ought not to have been filed; the public trustee shall, as soon as practicable, file in the court a memorandum under the public trustee’s hand stating the facts and revoking the election, whereupon the election shall be revoked accordingly and the public trustee shall be at liberty to file a fresh election to administer under this section or otherwise proceed in accordance with the facts and the provisions of this section shall apply to any such fresh election as if it had been the election which had originally been filed. - (a) the administrator in intestacy or with the will; - (b) the administrator of the estate or of the estate left unadministered; - (a) that the deceased person who was supposed to have died intestate has died testate; or - (b) that the document annexed to the election as the testator’s last will is not the last will or is not the sole last will of the testator, but has been superseded by a later will which is believed to be the testator’s last will; or - (c) that the deceased person who was supposed to have died testate has died intestate, and that the document annexed to the election as the testator’s last will has no testamentary validity or effect; or - (d) that the said election is invalid, ineffective or for any other reason ought not to have been filed;