Administration and Probate Act 1929

The following cease on the grant of probate or administration under section 90:

all the interest and functions of the public trustee and guardian (except rights given by this section) in relation to the estate of the deceased person whose estate is affected by the grant;

all liabilities of the public trustee and guardian under any contract or agreement entered into in relation to the estate, or any part of the estate.

Function includes authority, duty and power (see Legislation Act, dict, pt 1).

The part of the estate of the deceased person left unadministered by the public trustee and guardian, and all functions of the public trustee and guardian in relation to it, vest in the executor or administrator obtaining the probate or administration.

Nothing in this section interferes with the allowance and payment of—

all money due for the commission of the public trustee and guardian; and

the necessary outlay, disbursements, costs, charges, and expenses in relation to the estate, including all costs in relation to appearing on the application for the probate or administration.

Nothing in this section relieves the public trustee and guardian from any liability in relation to the management of the estate up to the time of granting the probate or administration.