Public Trustee Act 1995

With the consent of the Court—

executors may, unless expressly prohibited, appoint the Public

Trustee sole executor; and

administrators may, unless expressly prohibited, appoint the Public

Trustee sole administrator; and

trustees (whether appointed by or under a will, settlement, declaration of trust or in any other way) may, unless expressly prohibited and despite the terms of the trust as to the number of trustees, appoint the Public

Trustee sole trustee in their place.

Executors whose duties continue in the nature of a trusteeship after completion of their administration will, for the purpose of subsection (1), be taken to be trustees.

An application may be made for consent under this section by less than the full number of the executors, administrators or trustees but the Court may not give its consent if there is another executor, administrator or trustee willing and, in the opinion of the Court, suitable to act.

An application may be made under this section by an executor before or after proving the will.

The Public Trustee may be appointed under this section without the need to obtain the consent of any person whose consent to the appointment would, apart from this subsection, be required.

This section is in addition to and does not derogate from section

14 of the Trustee

Act 1936.

This section applies to executors, administrators or trustees appointed before or after the commencement of this

Act.