Western Australian Consolidated Acts

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LEGAL PROFESSION ACT 2008 - SECT 18

18 .         Prohibited person must not act as executor or trustee

        (1)         In this section —

        prohibited person means either of the following persons, whether the thing that has happened to the person happened before or after the commencement of this section —

            (a)         a person whose name has (whether or not at his or her own request) been removed from an Australian roll and who has not subsequently been admitted or re-admitted to the legal profession under this Act or a corresponding law;

            (b)         a person whose Australian practising certificate has been suspended or cancelled under this Act or a corresponding law and who, because of the cancellation, is not an Australian legal practitioner or in relation to whom that suspension has not finished.

        (2)         A prohibited person must not hold or obtain the office of executor or trustee of any will or trust without the leave of the Supreme Court.

        (3)         Nothing in subsection (2) —

            (a)         operates in respect of a person holding the office of executor pursuant to probate granted by the Supreme Court before the coming into operation of this section; or

            (b)         affects or invalidates any act by a person purporting to act as the holder of an office of executor or trustee when prohibited from so acting under subsection (2).



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