Public trustee is trustee if bequest to unlocatable child
42 Public trustee is trustee if bequest to unlocatable child
This section applies if—
under a will made after the commencement of this section, the testator makes a disposition of property to a person who is described—
as being a child of the testator or of another person; and
as having had his or her parentage transferred to another person or persons as a result of a parentage order; and
the personal representative of the testator is given a notice by the public trustee under section 41(6).
The public trustee is a trustee for the child on the trusts stated in, or arising under, the will.
If the personal representative transfers property to the public trustee as trustee for the child, the personal representative is taken to have transferred the property to the child.
Subsections (2) and (3) do not apply if the child died before the testator or, for another reason, is not entitled to an interest under the will.
If the public trustee gives the personal representative a notice that the child has disclaimed property to which the child was entitled under the will, the notice is, for the purpose of administering the estate, sufficient evidence that the child has disclaimed the property.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.