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s 52

Deposit of certain wills and other documents with Public Trustee

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Part 7Financial and other provisions

52 Deposit of certain wills and other documents with Public Trustee

(1)

The following documents may be deposited for safe custody with the

Public Trustee:

(a)

a will of which the Public Trustee is appointed the executor or

1 of the executors; or

(b)

a will prepared by a legal practitioner who—

(i)

has died; or

(ii)

has ceased, or is about to cease, the practice of the law in this

State; or

(c)

a will held by a legal practitioner or legal practice that was executed by a testator who cannot be located; or

(d)

a settlement, declaration of trust or other instrument by which a trust is declared or created concerning property of any kind where the Public

Trustee is appointed the trustee or 1 of the trustees; or

(e)

any other document prepared by the Public Trustee.

(2)

The Public Trustee must keep a register of wills deposited under this section.

(3)

No fee is payable for depositing a will with the Public Trustee but a person may be required to pay a fee for any 1 or more of the following services:

(a)

searching for a will deposited under this section;

(b)

recovery of a will deposited under this section;

(c)

delivery of a will deposited under this section.

(4)

The Public Trustee may destroy a will deposited with the Public

Trustee if—

(a)

the testator has died; and

(b)

a reasonable period has elapsed during which a person might be expected to have sought access to the will.

(5)

The Public Trustee is not liable for—

(a)

the loss of, or damage to, any will deposited with the Public

Trustee under this section; or

(b)

any inaccuracy or omission in the register kept under this section.

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