Clause 8

by deleting the definition of “official assignee” in section 2;

by inserting, immediately after the definition of “probate action” in section 2, the following definition:“ “Public Trustee” means the Public Trustee appointed under the Public Trustee Act (Cap. 260) and includes an Assistant Public Trustee appointed under that Act;”;

by deleting the words “, the official assignee” in section 28(2);

by deleting the words “but neither the official assignee nor the Public Trustee shall” in section 41 and substituting the words “but the Public Trustee shall not”;

by repealing section 68 and substituting the following section:“Where funds of estate cannot be immediately distributed68.—

Where, upon the conclusion of the administration of the estate of a person dying testate or intestate, there remain in the hands of the personal representative funds of which he is unable to dispose immediately by distribution in accordance with law by reason of the inability of the person entitled to give a discharge, through lack of legal capacity or otherwise, or for any other cause which to the Public Trustee appears sufficient, the personal representative may, if the Public Trustee consents to accept the same, pay those funds to the Public Trustee who —

shall not be required to make any enquiry whether the administration has been conducted in accordance with law;

may accept those funds as a trustee for the person entitled, and apply the same for the benefit of such person; and

may for such purpose exercise all the powers conferred on him under section 63.(2) The receipt of the Public Trustee may be accepted by the personal representative and shall constitute a full and sufficient discharge in respect of such funds.”;

by inserting, immediately after section 69, the following section:“Transitional provision

any letters of administration granted to the official assignee;

any application made by the official assignee (whether for letters of administration or otherwise);

any estate or part thereof of a deceased person vested in or being administered by the official assignee; and (d)any other action (whether for the administration of the estate of a deceased person or otherwise) begun by the official assignee,under the provisions of this Act in force immediately before that date shall be deemed to have been so granted to, made by, vested in or administered or begun by the Public Trustee under the provisions of this Act in force as from that date, and any such application, administration or other action still pending on that date may be continued with by the Public Trustee in accordance with the provisions of this Act in force as from that date.”; and

by deleting the words “official assignee” wherever they appear in the following provisions and substituting in each case the words “Public Trustee”:Sections 29(4), 39, 55(1) and (2) and section heading, 62(1), (2) and (4) and section heading, 63 (1), (2) and (3) and section heading, 64(1), (2) and (3)(b) and 65(1).