South Australian Numbered Acts South Australian Numbered Acts95—Public Trustee, executors, administrators and trustees may obtain judicial advice or direction
(1) The Public Trustee must, when in difficulty or doubt, apply to the Court for advice or direction as to any matter related to the administration of the estate of a deceased person or the construction of a will, deed or other document.
(2) An executor, administrator or trustee may, when in difficulty or doubt, apply to the Court for advice or direction as to any matter related to the administration of the estate of a deceased person or the construction of a will, deed or other document.
(3) An application under (1)
or (2)
may be made with or without—
(a) notice of the application being given to any of the parties interested; or
(b) any of the parties interested being served with the proceedings.
(4) A person interested in an estate who is dissatisfied with the conduct of the Public Trustee in any matter related to the administration of the estate of a deceased person or the construction of a will, deed or other document, may apply to the Court for a review of the Public Trustee's conduct.
(5) The Court may, on hearing an application under subsection (3)
, make any declaratory or other order as the Court thinks fit as to the administration of the estate of a deceased person or the construction of the will, deed or other document, that is the subject of the application and any order as to the costs of the application as the Court thinks fit.
(6) An order made in the absence of an interested party has the same effect and the same force or validity, with the respect to the protection of the Public Trustee or other trustee or executor or administrator, as if the order had been a decree or order made in an action in which all the parties concerned were represented.
(7) If an application under this section is dealt with by the Registrar or a Master of the Court, the Registrar or Master may refer any question of law arising on the application for the opinion of the Court or may direct an issue to be tried by, or an action to be commenced in, the Court.