49Indemnity where bona fide mistake as to death, &c.

49 Indemnity where bona fide mistake as to death, &c. (1) Where the Public Trustee: (a) has obtained a grant of administration; (b) is administering an estate by virtue of the powers conferred on him or her under this Part; or (c) is appointed or is acting as the executor or a trustee under a will, and the person whose estate is being administered: (d) is alive; (e) did not die intestate; Part VI Acquisition of the right to administer estates Public Trustee Act 1979 25 (f) executed a will which revoked or altered the will under which the Public Trustee is administering the estate; or (g) has rendered the authority of the Public Trustee of no effect, all acts and things done or omitted to be done by the Public Trustee in good faith shall be as good, valid and effectual as if the Public Trustee has been lawfully appointed or entitled to act as such executor, administrator or trustee. (2) The onus of proving that the Public Trustee has not acted in good faith in respect of any of the matters referred to in subsection (1) shall be upon the person who alleges it.