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THE UNITING CHURCH IN AUSTRALIA ACT 1977 - SECT 29

Trust may act as executor etc.

    (1)     The Trust may—

        (a)     apply for and obtain, or join in applying for and obtaining, probate of the will, or letters of administration of the estate, of a deceased person where the Church has a beneficial interest, vested or contingent, in the estate of that person; or

S. 29(1)(b) amended by No. 10225 s. 4.

        (b)     accept appointment, and act, as trustee or co‑trustee under and in pursuance of any trust where the trust property is not vested in the Trust by, or pursuant to, this Act, and—

S. 29(1)(b)(i) inserted by No. 10225 s. 4.

              (i)     the trust was created wholly or partly for the benefit of the Church or any of the Uniting Churches; or

S. 29(1)(b)(ii) inserted by No. 10225 s. 4.

              (ii)     the purpose or one of the purposes for which the trust was created relates to the Church or any of the Uniting Churches

and may do all things necessary for the exercise or performance of its powers, authorities duties or functions as executor, administrator or trustee, as the case may be.

    (2)     Any person, if authorized by the Trust for the purpose, may on behalf of the Trust swear an affidavit, make a declaration or statement, give security and do any other act or thing that is, by any charter, Act or rule of court, required to be done by a person applying for or granted probate or letters of administration or administering a trust, as the case may be.

    (3)     The Trust may—

        (a)     renounce executorship;

        (b)     decline to act as administrator of an estate;

        (c)     retire, or decline to act, as trustee of property (not being property vested in it by or pursuant to this Act.)

    (4)     Any commission or other remuneration earned by the Trust as an executor, administrator or trustee appointed under the authority of this section shall belong to the Trust and shall be used and applied by it for or towards any object or purpose specified or approved by the Synod in respect thereof.

S. 29A inserted by No. 10225 s. 5.



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