Clause 8

Section 8 of the principal Act is amended by deleting subsections (3) (including the marginal note to the subsection), (4) and (5) and substituting the following subsections:“(3) An executor who has obtained probate or an administrator who has obtained letters of administration may, even if he 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.(4) 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 written consent of the Public Trustee.(5) 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.(6) 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.(7) Upon the court making an order under subsection (6) sanctioning a transfer of a deceased’s estate, the Public Trustee shall have all the powers of the executor or administrator from whom the estate is transferred under the order.(8) 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.(9) Upon the court making an order under subsection (8), the Public Trustee shall have all the powers of the executor or administrator the Public Trustee replaces under the order.(10) The executor or administrator referred to in subsection (3), or an executor or administrator replaced under an order under subsection (8), shall not in any way be liable in respect of any act or default in reference to the estate in question 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 of persons other than himself for whose conduct he is in law responsible.”.