Australian Capital Territory Current Acts

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ADMINISTRATION AND PROBATE ACT 1929 - SECT 92

Order to public trustee and guardian to collect and administer in special circumstances

    (1)     If it is made to appear to the Supreme Court that there is reasonable ground to suppose that any person has died, either in or out of the jurisdiction of the court, intestate, leaving property within the jurisdiction, the court may order and empower the public trustee and guardian to collect and administer the estate, both real and personal, of that person.

    (2)     The order is valid until revoked, and empowers the public trustee and guardian to—

        (a)     collect, manage, and administer the personal estate of the supposed deceased person; and

        (b)     enter on and receive the rents and profits and otherwise manage the real estate; and

        (c)     pay and discharge the debts and liabilities of that person;

in like way as if he or she were certainly dead and the public trustee and guardian had obtained an order to collect and administer the estate of the person under section 88.

    (3)     The public trustee and guardian must not proceed to any distribution of the assets without an order of the Supreme Court specially authorising the public trustee and guardian to make the distribution.



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