New South Wales Consolidated Acts

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TRUSTEE COMPANIES ACT 1964 - SECT 27

Applications by persons entitled to trust funds

27 Applications by persons entitled to trust funds

(1) Any person entitled to any money forming part of the testamentary and trust fund may:
(a) where the amount claimed is less than $10,000--apply in writing to the Treasurer requesting payment of the money to the person, or
(b) where the amount claimed is $10,000 or more--apply to the Court for an order directing payment of the money to the person.
(2) If the Treasurer is satisfied that an applicant under subsection (1) (a) is entitled to the whole or part of the amount claimed, the Treasurer may pay over any money standing to the credit of the testamentary and trust fund to which the person, in the Treasurer's opinion, is entitled.
(3) An applicant under subsection (1) (a) whose claim the Treasurer has refused to accept in whole or in part may apply to the Court for an order directing payment of any money to which the applicant is entitled and which has not been paid to the applicant by the Treasurer.
(4) Where the Court makes an order directing payment of any money and specifies the amount which the claimant is entitled to be paid from the amount at credit of the particular estate in the testamentary and trust fund, the Treasurer shall not pay over any money or for that purpose sign any transfer of investments standing to the credit of the fund unless:
(a) a copy of the order and particulars of the name, addition or description of the claimant to whom the money is to be paid has been left at the office of the Treasurer, and
(b) the purchase money of any investments to be sold has been received by the Treasurer.
(5) If the Treasurer appears on an application to the Court under this section, the Treasurer shall be entitled to such costs against the applicant or out of the testamentary and trust fund as the Court may direct.



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