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s 48

Public Trustee may object

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Part VIAcquisition of the right to administer estates

48 Public Trustee may object

(1) Where a person dies leaving real or personal property situated in the Territory and a person other than the Public Trustee makes application for the administration of the estate of the deceased person and the Public Trustee believes that there are substantial or reasonable grounds for opposing the grant but there is no person in the Territory beneficially interested in opposing the grant who is of full age and of full mental capacity, the Public Trustee may:

(a) if he or she thinks it expedient lodge a caveat against the application for the administration pursuant to the Administration and Probate Act; and

(b)

apply ex parte to a Judge in Chambers for direction.

(2) Where an application is made under subsection (1)(b) to a Judge in Chambers, the Judge may direct the Public Trustee to represent the persons who may be prejudicially affected by the grant and in the corporate name of the Public Trustee oppose the grant on their behalf.

(3) All costs, charges and expenses incurred by the Public Trustee pursuant to any directions given by the Judge under subsection (1)(b) shall be paid out of the estate of the deceased person.

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