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Public Trustee Act 1979
48Public Trustee may object
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48 Public Trustee may object
(1) Where a person dies leaving real or personal property situated in
the Territory and a person other than the Public Trustee makes
application for the administration of the estate of the deceased
person and the Public Trustee believes that there are substantial or
reasonable grounds for opposing the grant but there is no person in
the Territory beneficially interested in opposing the grant who is of
full age and of full mental capacity, the Public Trustee may:
(a) if he or she thinks it expedient lodge a caveat against the
application for the administration pursuant to the
Administration and Probate Act; and
(b) apply ex parte to a Judge in Chambers for direction.
(2) Where an application is made under subsection (1)(b) to a Judge in
Chambers, the Judge may direct the Public Trustee to represent
the persons who may be prejudicially affected by the grant and in
the corporate name of the Public Trustee oppose the grant on their
behalf.
(3) All costs, charges and expenses incurred by the Public Trustee
pursuant to any directions given by the Judge under
subsection (1)(b) shall be paid out of the estate of the deceased
person.