Public Trustee may be appointed trustee, &c.
32 Public Trustee may be appointed trustee, &c.
(1) A court, judge or person who has power to appoint any of the following:
an executor;
an administrator;
an agent;
an administrator pendente lite;
a trustee;
a receiver;
(g) a manager or committee of the estate of a person under any law in the Northern Territory relating to mental health or protected persons;
a guardian of the estate of any person;
an attorney;
(k) a decision maker (as defined in section 3 of the Advance Personal Planning Act 2013);
may appoint the Public Trustee, either alone or jointly with another person, and the Public Trustee may act in that capacity.
(2) Notwithstanding any law in force in the Northern Territory, a trustee is discharged from his or her trust and the powers and duties conferred upon him or her if, with the consent of the Public Trustee, he or she resigns leaving or appointing the Public Trustee as sole trustee.
(3) Where a trustee is incapable of acting or has died, then the person nominated for the purposes of appointing new trustees by the instrument creating the trust or, if there is no person able or willing so to act, the continuing or surviving trustee, or the personal representative of the last surviving trustee, may, notwithstanding any law in force in the Northern Territory, appoint the Public Trustee, if the Public Trustee consents, to be the sole trustee and thereby discharges from the date of appointment of the Public Trustee the former trustee from his or her trust and the powers and duties conferred upon him or her by that trust.
(4) Where the Public Trustee is appointed to any of the offices or positions referred to in subsection (1), the Public Trustee may exercise, perform and discharge all the powers and duties and shall be liable to all the obligations pertaining to the office or position to which the Public Trustee is appointed.
(5) Notwithstanding the provisions of any other Act, or rule, or law to the contrary, the Public Trustee upon becoming executor, administrator or trustee pursuant to the provisions of this Part shall not be obliged to inquire into or to institute any proceedings in respect of any acts or omissions or distributions done or omitted or made by any other person whether as executor, administrator, trustee or otherwise at any time before the Public Trustee became the executor, administrator or trustee as aforesaid.
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