Australian Capital Territory Current Acts

TRUSTEE ACT 1925 - SECT 10

    (1)     If a person who is appointed by will both executor and trustee of the will renounces probate, or after being duly cited fails to apply for probate, the renunciation or failure shall be deemed to be a disclaimer of the trust contained in the will.

    (2)     Where—

        (a)     such a person renounces probate or fails, after being duly cited, to apply for probate; or

        (b)     such a person dies before probate is granted to him or her; or

        (c)     such a person, instead of applying for probate—

              (i)     requests the public trustee and guardian in writing to apply for an order under the Administration and Probate Act 1929

, section 88; or

              (ii)     authorises a trustee company to apply for administration with the will annexed;

and where the Supreme Court grants to the public trustee and guardian an order under that section to collect and administer the estate of the person or administration with the will of the person annexed is granted to a trustee company, the public trustee and guardian or the trustee company, as the case may be, shall, by virtue of the order or grant and without further appointment be deemed to be appointed trustee of the will in the place of the person appointed trustee by the will.

    (3)     Where—

        (a)     under the Trustee Companies Act 1947

, section 7, a trustee company is authorised to apply for probate of a will in place of a person who was, by the will, appointed both executor and trustee of the will; and

        (b)     probate of that will is granted to the trustee company;

the trustee company shall, by virtue of the grant and without further appointment, be deemed to be appointed trustee of the will in place of that person.

    (4)     Where—

        (a)     the Supreme Court grants administration with the will annexed to a trustee company instead of granting probate of the will to a person who was, by the will, appointed both executor and trustee of the will; or

        (b)     under the Trustee Companies Act 1947

, section 14, an executor who was, by a will, appointed both executor and trustee of the will, with the consent of the Supreme Court, appoints a trustee company to perform and discharge the acts and duties of that executor;

the trustee company shall, by virtue of the appointment, be deemed to be appointed trustee or 1 of the trustees, as the case may be, of the will.