Australian Capital Territory Consolidated Acts

TRUSTEE COMPANIES ACT 1947 - SECT 33

    (1)     This section applies if—

        (a)     a trustee company is the executor or administrator (or an executor or administrator) of the estate of a deceased person (the testator ); and

        (b)     the testator has directed by will that a particular lawyer conduct the legal business of the testator's estate.

    (2)     The lawyer is entitled to conduct that legal business as directed by the testator.

    (3)     However—

        (a)     the trustee company is not liable for any misconduct of the lawyer; and

        (b)     the lawyer may be removed by order of the Supreme Court on the application of the trustee company or of anyone interested in the estate.

    (4)     If a lawyer is removed under subsection (3) (b), the Supreme Court may appoint a lawyer nominated by the trustee company.

    (5)     In this section:

"will" includes codicil or other testamentary writing.

"misconduct" includes negligence, misfeasance and nonfeasance.