Western Australian Current Acts Western Australian Current Acts (1) Where a person,
before or after the commencement of this Act, dies testate or intestate, in or
out of Western Australia, leaving property in Western Australia the gross
value of which as estimated by a trustee company does not at the time of
election exceed the amount prescribed by regulation for the purposes of this
section and no person has taken out probate or administration in Western
Australia, the trustee company may, in all cases where it is entitled to apply
for a grant of administration or a grant of probate, instead of obtaining such
a grant, file in the office of the Court an election in writing setting out
the name, residence, and occupation (so far as then known to it) of the
deceased person, and the estimated value of the property of the deceased
person in Western Australia, as then known, and electing to administer.
(2) On such an
election being filed, the trustee company shall be deemed to be the executor
of the will or the administrator of the whole of the estate of the deceased
person in all respects as if a grant of probate or letters of administration,
as the case may be, had been granted to it.
(3) Where after the
filing of an election under this section the gross value of the property to be
administered is found to exceed the amount prescribed for the purposes of this
section, or the property to which the election relates is found to include
property outside the State, the trustee company shall, as soon as practicable,
file in the Court an affidavit made pursuant to section 16 as to the facts,
and when that is done such election shall cease to have effect and the trustee
company shall proceed in the manner provided by the Administration Act 1903 to
seek an order to administer the estate.
(4) Where after the
filing of an election under this section the trustee company finds that the
person named in the notice who had been believed to have died intestate had
died testate, the trustee company shall, as soon as practicable, file in the
Court an affidavit made under section 16 as to the facts, and when that is
done such election shall cease to have effect accordingly, and the Company
shall file with the Master of the Court its accounts of all transactions in
the matter of the estate of the deceased person.