New South Wales Consolidated Acts

NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 121

121 Personal liability

(1) A matter or thing done or omitted to be done by the Chief Executive Officer, a member of staff of the NSW Trustee or a person acting under the direction of the NSW Trustee or any other person does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act or the functions of the NSW Trustee, subject the Chief Executive Officer, member of staff or a person so acting personally to any action, liability, claim or demand.

(2) Subsection (1) also applies to any act or omission done or omitted in good faith for the purpose of executing the NSW Trustee's functions, if the NSW Trustee, in good faith, takes out probate or administration of the estate of a deceased person, administers an estate under statutory powers or acts as a trustee under a will and subsequently it is discovered that--

(a) the person is not deceased, or

(b) if administration is granted or carried out, the person did not die intestate, or

(c) if probate is granted or the NSW Trustee is acting under a will, the will was revoked or altered by a later will or is invalid.

(3) Subsection (2) does not affect any remedy of a person against any person who has shared in the distribution of the estate concerned or received the benefit of any such trust administered or executed by the NSW Trustee.

(4) Any disposal of an interest in property, or any payment made, in the exercise of the protective capacities of the NSW Trustee in accordance with this Act is valid and binding on all persons.