NTIn ForceAct
Public Trustee Act 1979
32Public Trustee may be appointed trustee, &c.
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32 Public Trustee may be appointed trustee, &c.
(1) A court, judge or person who has power to appoint any of the
following:
(a) an executor;
(b) an administrator;
(c) an agent;
(d) an administrator pendente lite;
Part VI Acquisition of the right to administer estates
Public Trustee Act 1979 18
(e) a trustee;
(f) a receiver;
(g) a manager or committee of the estate of a person under any
law in the Northern Territory relating to mental health or
protected persons;
(h) a guardian of the estate of any person;
(j) an attorney;
(k) a decision maker (as defined in section 3 of the Advance
Personal Planning Act 2013);
may appoint the Public Trustee, either alone or jointly with another
person, and the Public Trustee may act in that capacity.
(2) Notwithstanding any law in force in the Northern Territory, a trustee
is discharged from his or her trust and the powers and duties
conferred upon him or her if, with the consent of the Public Trustee,
he or she resigns leaving or appointing the Public Trustee as sole
trustee.
(3) Where a trustee is incapable of acting or has died, then the person
nominated for the purposes of appointing new trustees by the
instrument creating the trust or, if there is no person able or willing
so to act, the continuing or surviving trustee, or the personal
representative of the last surviving trustee, may, notwithstanding
any law in force in the Northern Territory, appoint the Public
Trustee, if the Public Trustee consents, to be the sole trustee and
thereby discharges from the date of appointment of the Public
Trustee the former trustee from his or her trust and the powers and
duties conferred upon him or her by that trust.
(4) Where the Public Trustee is appointed to any of the offices or
positions referred to in subsection (1), the Public Trustee may
exercise, perform and discharge all the powers and duties and shall
be liable to all the obligations pertaining to the office or position to
which the Public Trustee is appointed.
(5) Notwithstanding the provisions of any other Act, or rule, or law to
the contrary, the Public Trustee upon becoming executor,
administrator or trustee pursuant to the provisions of this Part shall
not be obliged to inquire into or to institute any proceedings in
respect of any acts or omissions or distributions done or omitted or
made by any other person whether as executor, administrator,
trustee or otherwise at any time before the Public Trustee became
the executor, administrator or trustee as aforesaid.
Part VI Acquisition of the right to administer estates
Public Trustee Act 1979 19