Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 38A

    (1)     This section applies if—

        (a)     a person dies; and

        (b)     representation has not been granted.

    (2)     The person's real and personal estate vests in the public trustee and guardian.

    (3)     The public trustee and guardian may undertake the administration of the person's estate while the person's property is vested in the public trustee and guardian.

    (4)     However, subsection (3) does not require the public trustee and guardian—

        (a)     to administer the estate; or

        (b)     act as trustee of any trust created by the person's will; or

        (c)     exercise any discretion, power or authority of a personal representative, trustee or devisee.