Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 89

    (1)     If an order to collect and administer the estate of any deceased person is granted, the public trustee and guardian has the same functions in relation to the estate, except as otherwise expressly provided, that the public trustee and guardian would have had if administration had been granted to him or her, and the estate of the deceased person vests in the public trustee and guardian.

Note     Function includes authority, duty and power (see Legislation Act

, dict, pt 1).

    (2)     If the Supreme Court grants an order to collect and administer the estate of a deceased person after having been satisfied that the deceased person made a valid will that had not been revoked before death—

        (a)     a copy of that will must be annexed to the order; and

        (b)     the public trustee and guardian has, subject to this part, the same functions in relation to the estate of the person that the public trustee and guardian would have if administration with the will annexed of the estate of the deceased person had been granted to the public trustee and guardian.

    (3)     All laws for the time being in force in relation to the administration of the estates of deceased persons apply to the administration of estates by the public trustee and guardian.