Section 8

If, pursuant to any rule under this Act, the Public Trustee is authorised to accept by that name probates of wills or letters of administration, the court having jurisdiction to grant probate of a will or letters of administration may grant such probate or letters to the Public Trustee by that name.

For the purpose of subsection (1), the court is to consider the Public Trustee to be equally entitled in law with any other person or class of persons to obtain the grant of letters of administration except that the consent or citation of the Public Trustee will not be required for the grant of letters of administration to any other person, and that, as between the Public Trustee and the widower, widow or next of kin of the deceased, the widower, widow or next of kin is to be preferred, unless good cause is shown to the contrary.

An executor who has obtained probate or an administrator who has obtained letters of administration may, even if he or she has already acted in the administration of the deceased’s estate in part, apply to the court to sanction the transfer of the estate to the Public Trustee for administration either solely or jointly with the continuing executors or administrators, if any.

Any executor or administrator who wishes to apply to the court for a transfer of the estate to the Public Trustee under subsection (3) must, before making such an application, obtain the Public Trustee’s written consent.

Before hearing an application made under subsection (3), the court may direct that notice of the hearing be given, in such manner as it considers fit, to any person beneficially interested in the deceased’s estate.

The court hearing an application made under subsection (3) may sanction the transfer of the deceased’s estate to the Public Trustee for administration, either solely or jointly with the continuing executors or administrators, if any.

Upon the court making an order under subsection (6), the Public Trustee has all the powers of the executor or administrator from whom the estate is transferred.

The court may, on the application of any person beneficially interested in a deceased’s estate, with the written consent of the Public Trustee obtained by the person and upon proof of sufficient cause, appoint the Public Trustee in place of all or any one or more of the existing executors or administrators.

Upon the court making an order under subsection (8), the Public Trustee has all the powers of the executor or administrator the Public Trustee replaces.

The executor or administrator mentioned in subsection (3), or an executor or administrator replaced under an order under subsection (8), is not in any way liable in respect of any act done or default made in relation to the estate occurring after the date of an order under subsection (6) or (8) (as the case may be), other than the act or default of himself or herself or of other persons for whose conduct he or she is in law responsible.