South Australian Current Acts

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SUCCESSION ACT 2023 - SECT 90

90—Court may give permission to postpone realisation or carry on business

        (1)         The Court may, if it considers it beneficial to do so, give permission to an executor, administrator or trustee of a deceased person, or to the Public Trustee

            (a)         to postpone, for such period as the Court thinks expedient, the realisation of the estate or trust property;

            (b)         to carry on, for such period as the Court from time to time thinks expedient, the business or affairs of the testator or intestate, and for that purpose to use the estate of the testator or intestate, or such portion of it as the Court directs.

        (2)         An executor, administrator or trustee acting in accordance with the Court's permission under this section is not answerable for any consequent loss, except in the case of breach of trust, negligence or wilful default.

        (3)         An order under this section may be made either with or without notice, or on such notice as the Court in any case thinks proper, and may be varied from time to time as the Court thinks fit.



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