Probate and Administration Act 1934 · 2020 Revised Edition · Part 9 · Protection of Estates Pending Grant
37. Vesting of estate in Public Trustee in certain circumstances between death and grant of administration
Feedback & supportWhere a person dies intestate, his real and personal estate shall vest in the Public Trustee.
Public Trustee
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act 1915 and includes a Deputy Public Trustee and an Assistant Public Trustee appointed under that Act;
Where a testator dies and —
at the time of his death there is no executor with power to obtain probate of the will; or
at any time before probate of the will is granted there ceases to be any executor with power to obtain probate,the real and personal estate of which the testator disposes by the will shall vest in the Public Trustee with effect from the time specified in paragraph (a) or (b) in relation to each case.
The vesting by virtue of this section of any estate in the Public Trustee shall not, without more, confer or impose on him any power, duty, right, equity, obligation or liability in respect of the estate.
Any estate or part of an estate vested in the Public Trustee under subsection (1) or (2) shall cease to be so vested on the grant of administration in respect of the estate or part in question.