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TRUSTEE COMPANIES ACT 1964 - SECT 15A
Election to administer where no previous executor or administrator
15A Election to administer where no previous executor or administrator
(1) A trustee company may file an election to administer the estate of a
deceased person who died testate or intestate in the registry of the Court,
instead of applying for probate or administration, if: (a) the gross value of
the estate in New South Wales, as estimated by the trustee company, is less
than the amount prescribed by the regulations for the purposes of this
section, and
(b) no person has obtained probate of the estate or taken out
administration, and
(c) the trustee company is entitled to obtain probate or
administration.
(2) An election must be sealed by the trustee company and
must set out: (a) the name, residence and occupation (as far as it is known to
the trustee company) of the deceased person, and
(b) particulars of property
forming the deceased person's estate, and
(c) the date of the deceased
person's death as then known to the trustee company, and
(d) if the deceased
person died testate, state that, after due inquiries, the trustee company
believes that the document annexed to the election is the testator's last will
and that the will has been validly executed according to the law governing the
execution of wills.
(3) On an election being filed, the trustee company is
taken to have been appointed by the Court as the executor of the estate or the
administrator of the estate.
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