Court may appoint attorney for absent executor
141 Court may appoint attorney for absent executor
[(1) deleted]
Where any such executor or administrator is a member of Her Majesty’s naval, military, or air force (including a member of any medical corps nursing service attached to any of the forces aforesaid) and is a prisoner of war or posted as missing or otherwise is unable or able only with great difficulty to appoint an attorney, the Court may on the application of a co‑executor or a beneficiary or a creditor or any of the persons to whom the Table following section 14(1) would refer if there was an intestacy as to all or any of the property in the estate appoint such co‑executor or some other person resident in this State to have and exercise all or such of the powers, duties, and discretions of such first‑mentioned executor or administrator and for such period or periods as the Court shall deem proper.
[Section 141 amended: No. 21 of 1942 s. 4; No. 80 of 1962 s. 8; No. 57 of 1984 s. 6.]
142. Payment of balance of estate to Curator or Public Trustee of State or Colony where deceased was domiciled. Public Trustee may receive any part of estate from outside the State
Where the Public Trustee of Western Australia is administering the estate of any person who at the time of his death was domiciled in any other part of the Commonwealth or in New Zealand, and whose estate is being administered by the Curator or Public Trustee of the State or Colony in which the deceased was domiciled, the balance of the estate, after payment of local creditors, commission fees, and expenses, may be paid over to such last named Curator or Public Trustee.
Where any part of the estate of a deceased person, whose estate is being administered by the Public Trustee of Western Australia, is situated outside the limits of Western Australia, such Public Trustee may receive any part of such estate so situated, and, when received, the same shall be dealt with according to the law of Western Australia.
[Section 142 amended: No. 62 of 1955 s. 16.]
[143. Deleted: No. 80 of 1962 s. 8.]
143A. Rate of interest payable on legacies
Interest payable on legacies shall be computed after the rate of 5% per annum unless any other rate of interest is directed by the will or under a judgment or order of a Court directing an account of legacies in which event the rate of interest shall be computed according to such will or as directed under or pursuant to such judgment or order.
[Section 143A inserted: No. 39 of 1945 s. 2; amended: No 113 of 1965 s. 8.]
143B. Saving provision as to bonds
Any administration bond executed pursuant to the provisions of this Act as enacted at any time before the coming into operation of sections 5 and 14 of the Administration Act Amendment Act 1976 may be enforced and assigned as if that Act had not been passed.
[Section 143B inserted: No. 138 of 1976 s. 15.]
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