38A
In forceEstate to vest in public trustee and guardian until grant
Part 3Grant of representation
Division 3.3Effect of grant of representation
38A Estate to vest in public trustee and guardian until grant
(1)
This section applies if—
(a)
a person dies; and
(b)
representation has not been granted.
(2)
The person’s real and personal estate vests in the public trustee and guardian.
(3)
The public trustee and guardian may undertake the administration of the person’s estate while the person’s property is vested in the public trustee and guardian.
(4)
However, subsection (3) does not require the public trustee and guardian—
(a)
to administer the estate; or
(b)
act as trustee of any trust created by the person’s will; or
(c)
exercise any discretion, power or authority of a personal representative, trustee or devisee.
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.