Western Australian Consolidated Acts

PUBLIC TRUSTEE ACT 1941 - SECT 3

3 .         Public Trustee to be successor in law of Curator of Intestate Estates and the Official Trustee

        (1)         Subject to and for the purposes of this Act, as and from the appointed day —

            (a)         The offices of Curator of Intestate Estates and Official Trustee shall be abolished and the Curator of Intestate Estates and the Official Trustee in office immediately before the appointed day shall go out of office as such.

            (b)         The Public Trustee shall be deemed to be the successor in law —

                  (i)         of the Curator of Intestate Estates;

                  (ii)         of the Official Trustee.

            (c)         All property immediately before the appointed day vested in or held by the Curator or the Official Trustee shall, by virtue of this Act, be transferred to and vested in or held by the Public Trustee.

            (d)         Without affecting the generality of the foregoing provisions of this section —

                  (i)         all estates and property of deceased persons left unadministered by the Curator immediately before the appointed day shall be administered by the Public Trustee, who shall become entitled to the possession thereof and of all books, accounts, letters, papers, and documents of every description used by or in the possession of or under the control of the Curator immediately before the appointed day; and

                  (ii)         the Public Trustee shall become entitled to the possession of all estates and property vested in or held by the Official Trustee or which he is empowered to take care of, collect, protect, administer or manage, and moneys which the Official Trustee is empowered to invest, and of all books, accounts, letters, papers, and documents of every description used by or in the possession or under the control of the Official Trustee immediately before the appointed day.

            (e)         Any reference in any Act, regulation, rule of court, order or document to either the Curator or the Official Trustee shall, unless inconsistent with the context or subject matter, be deemed and be taken to refer to and mean the Public Trustee.

            (f)         Any proceeding, application, or cause of action before the appointed day commenced, initiated, pending, or existing by or against the Curator or the Official Trustee shall not abate, be discontinued, or be in any way prejudicially affected by reason of anything in this Act but may be continued, prosecuted, and enforced by or against the Public Trustee as it might have been by or against the Curator or the Official Trustee if this Act had not been passed, but not further or otherwise.

            (g)         Subject to the foregoing provisions of this section, any order to administer granted to or on an application initiated by the Curator shall have effect for all purposes as if this Act had not been passed; and

            (h)         All acts, matters, and things of a continuing nature lawfully made, done, or commenced before the appointed day by or on behalf of the Curator or the Official Trustee shall be deemed to have been made, done, or commenced by or on behalf of the Public Trustee.

        [(2)         deleted]

        [Section 3 amended by No. 9 of 2008 s. 7.]

        [Heading inserted by No. 9 of 2008 s. 8.]