Western Australian Current Acts

UNITING CHURCH IN AUSTRALIA ACT 1976 - SECT 41

41 .         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

            (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 the trust was created wholly or partly for the benefit of the Church,

                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)         On behalf of the Trust, a member of the Trust or a person employed by the Trust may, if authorised by the Trust for the purpose, 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.