Western Australian Consolidated Acts

PUBLIC TRUSTEE ACT 1941 - SECT 29

29 .         Payments by Public Trustee to represented persons or their personal representatives

        (1)         When the Public Trustee ceases to be the administrator of the estate of a represented person he may pay over all moneys standing to the credit of the represented person and hand over all other property and documents forming part of or relating to the estate if the cessation occurs —

            (a)         by an order referred to in section 78(1)(a) of the Guardianship and Administration Act 1990 , to the represented person; or

            (b)         by reason of the death of the represented person, to his personal representative.

        (2)         The receipt of the represented person, notwithstanding any informality in his discharge, or the receipt of his personal representative is a discharge for the moneys, property and documents paid or handed over by the Public Trustee under this section.

        [(3)         deleted]

        (4)         Where at the death of a represented person money is standing to his credit, the Public Trustee may, at his discretion, pay that money or pay from that money any amount for or towards the funeral expenses, the debts of the represented person and expenses and fees incurred in performing functions vested in the Public Trustee under an administration order as defined in section 3(1) of the Guardianship and Administration Act 1990 relating to the represented person.

        (5)         Subject to subsection (4), where in relation to the estate of a represented person, letters of administration have not been granted or probate has not issued and legal proof is not given of the right or title of the person claiming, the Public Trustee may, at his discretion, pay the money standing to credit of a represented person, or the balance of that money, and hand over property forming the whole or part of the estate, to any person claiming as entitled in the distribution of the estate or as a beneficiary under the will of the represented person so long as the money paid or the value of the property handed over does not exceed the prescribed amount as defined in section 14(6).

        [Section 29 inserted by No. 34 of 1962 s. 5; amended by No. 64 of 1968 s. 10; No. 46 of 1984 s. 5; No. 24 of 1990 s. 123; No. 9 of 2008 s. 20.]

[ 30.         Deleted by No. 24 of 1990 s. 123.]