Public Trustee Act 1978

On an election to administer being filed the public trustee shall be—

the administrator in intestacy or with the will;

the administrator of the estate or of the estate left unadministered;

If, after filing an election to administer, the gross value of the property to be administered is found to exceed the sum of $180,000, the public trustee shall, as soon as practicable thereafter, file in the court a memorandum under the public trustee’s hand stating the fact, and proceed in the ordinary manner to obtain an order to administer.

If, after filing an election to administer, the public trustee finds—

that the deceased person who was supposed to have died intestate has died testate; or

that the document annexed to the election as the testator’s last will is not the last will or is not the sole last will of the testator, but has been superseded by a later will which is believed to be the testator’s last will; or

that the deceased person who was supposed to have died testate has died intestate, and that the document annexed to the election as the testator’s last will has no testamentary validity or effect; or

that the said election is invalid, ineffective or for any other reason ought not to have been filed;