Public Trustee Act 1995

The Court may make an order (an administration order) granting administration of the estate of a deceased person to the Public Trustee, or authorising the Public Trustee to administer the estate of a deceased person—

if, in the opinion of the Court—

the deceased has died bankrupt or insolvent; or

a creditor would be entitled to obtain administration of the estate or to institute an action for the administration of the estate, (and if, in such a case, probate or administration has been granted to a person other than the Public Trustee, the Court may revoke the probate or administration without prejudice to any proceedings taken or act done under it); or

if the deceased has died wholly or partially intestate, leaving property within this State, but not leaving a spouse, domestic partner or next of kin resident in the State who is of or above 18 years of age;

or

if—

the deceased has made a will without leaving an executor resident in this State willing to act and capable of acting in the execution of the will; and

there is no person of or above 18 years of age in this State entitled to obtain administration with the will annexed; or

if the deceased has made a will and appointed an executor but probate of the will has not been obtained within four months from the death of the deceased; or

if no person entitled to obtain administration (with or without a will annexed) obtains it within three months after the death of the deceased;

or

if probate or administration has been granted to a person who desires to retire from the office of executor or administrator (and, in such a case, the Court may revoke the probate or administration without prejudice to any proceedings taken or act done under it); or

if—

the estate or portion of it is liable to waste, of a perishable nature or in danger of being lost or destroyed, or great loss or expense may be incurred by reason of delay; and

the executor, person entitled to administration (with the will annexed), spouse, domestic partner or next of kin—

is absent from the locality of the estate; or

is not known; or

has not been found; or

is unfit or incapable; or

if an executor, or person entitled to administration, requests the

Public Trustee, in writing, to apply for an order under this section;

or

if part of an estate, already partly administered, is unadministered owing to the death, incapacity, insolvency, disappearance or absence from the State of the executor or administrator.

If it appears to the Court—

that there is reasonable ground to suppose that a person has died leaving property within this State; and

that the person died intestate or without a will duly proved within a reasonable time after death, the Court may, without requiring strict proof of death, make an administration order authorising the Public Trustee to administer the person's estate for the benefit of the person's creditors and for the discharge of the person's liabilities as if the person were dead.

An application for an administration order may be made by—

the Public Trustee; or

a person interested in the estate (including a creditor);

or

a guardian or blood relation of a person under 18 years of age interested in the estate.

An administration order may be obtained either without notice or after notice has been given as directed by the Court.

The Court may revoke an administration order and order—

that probate be granted to an executor entitled to probate of the will of the deceased, or that letters of administration with the will annexed be granted to any person entitled to them;

that property from a deceased person's estate vested in or under the control of the Public Trustee be transferred or delivered to a person or persons entitled to it, whether in trust or beneficially.

Revocation of an administration order is without prejudice to any proceedings taken or act done under it.

An administration order of a kind referred to in subsection (2) may not be revoked unless the Court is satisfied that special circumstances of the case and lapse of time since the making of the order justify the revocation.

If an order is made authorising the Public Trustee to administer the estate of a deceased person, the Public Trustee will be taken to be the administrator of the estate for the purposes of any other Act but subject to the provisions of the other Act.