The Court granted Benjamin orders under s 66(5) of the Trustees Act 1962 (WA) permitting the Public Trustee to distribute an intestate estate as if the deceased's mother and unknown father had predeceased him without issue, where extensive genealogical enquiries and newspaper advertisements failed to locate them. The Court exercised its discretion under s 66(7) to make orders notwithstanding that an earlier advertisement did not strictly comply with s 66(1), finding the combined advertisements were sufficient. Costs were ordered from the estate on a solicitor and client basis under s 108.
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