Public Trustee Act 1941 (WA)

Western Australia Public Trustee Act 1941 Western Australia Public Trustee Act 1941 Contents Part I — Preliminary 1. Short title 1 1A. Object 1 2. Terms used in this Act 1 3. Public Trustee to be successor in law of Curator of Intestate Estates and the Official Trustee 1 Part IA — The Public Trustee 4. Public Trust Office and Public Trustee 1 5. Delegation 1 5A. Judicial notice 1 6. Appointment of staff 1 6A. Use of other government staff etc. 1 6B. Management and performance 1 Part II — Powers and duties of Public Trustee Division 1 — General 7. Appointment of Public Trustee in various capacities 1 Division 2 — Public Trustee as executor or administrator 8. Appointment of Public Trustee as executor 1 9. Pending probate or administration estate of deceased to vest in Public Trustee 1 10. Public Trustee may apply for order for administration of estate of deceased person 1 11. Public Trustee to be preferred to creditor as administrator, in certain cases 1 12. Public Trustee may be appointed to act by executors and administrators 1 12A. Public Trustee's powers on appointment as agent of executor, administrator etc. 1 13. Application for removal of executor or administrator of an estate and for administration by the Public Trustee 1 14. Election to administer estate not exceeding the prescribed amount, without order to administer 1 15. Public Trustee deemed successor of deceased for licensing purposes 1 16. Public Trustee may pay over balance to proper officer etc. 1 17. If property has escheated to the Crown 1 18. Payment to parent etc. of distributive shares of infant children where net amount is under $5 000 1 Division 3 — Public Trustee as trustee 20. Public Trustee may be appointed trustee 1 21. Advisory trustees 1 22. Custodian trustee 1 22A. Public Trustee's powers on appointment as trustee's agent 1 23. Public Trustee may exercise powers under other Acts 1 Division 4 — Estates of represented persons 24. Public Trustee may apply for administration order 1 27. Summary proceedings for the protection of property of represented persons 1 28. Protection of persons dealing with Public Trustee 1 29. Payments by Public Trustee to represented persons or their personal representatives 1 31. Power of Public Trustee to act on certificates issued by proper officers in other jurisdictions 1 32. Public Trustee may open and deliver up wills 1 33. Personal effects of represented persons may be sold 1 Division 5 — Powers and duties of Public Trustee as to moneys subject to court and other orders 37. Investment of moneys under control or subject to order of the Supreme Court 1 Division 6 — Powers and duties of Public Trustee as to uncared for property 37A. Power of Court to authorise Public Trustee to exercise certain powers in respect of uncared‑for property 1 Division 7 — Other services 37B. Term used in this Division 1 37C. Provision of services 1 Part III — Financial 38. Term used in this Part 1 38A. Scale of fees 1 38B. Public Trustee's entitlement to fees and expenses 1 39. Payment of expenses incurred by Public Trustee 1 39A. The Common Account 1 39B. Establishment of strategic common accounts 1 39C. Power to invest moneys 1 39D. Power to invest, and restrictions on investment of, Fund moneys 1 39E. How Fund moneys are to be invested, distributed etc. 1 39F. Records as to Funds 1 40. Power to enter into portfolio management contracts as to Fund investments 1 40A. Power to lease purchased land 1 41. Temporary advances to Public Trustee 1 42. Deficiency in Common Account 1 43. Public Trust Office funds to be Crown property 1 44. Advances for administration purposes or against shares 1 44A. Reserve funds 1 45. Unclaimed moneys to be paid into Consolidated Account 1 46. Minister to have access to books of Public Trustee 1 47. Records and accounts to be kept 1 47A. Fees for preparation of wills and enduring powers of attorney and providing legal services 1 47B. Treasurer's approvals and guidelines 1 48. Application of Financial Management Act 2006 and Auditor General Act 2006 1 Part IV — General 49. General powers of Public Trustee 1 50. Appointment and duties of agent 1 51. No bond required from Public Trustee 1 52. Public Trustee may sue himself in different capacities 1 54. Deposit of wills and other documents 1 55. Inquiries as to property 1 56. Remedy against Public Trustee 1 57. Public Trustee and officers not personally liable except for fraud or crime 1 58. Public Trustee may take opinion of Court 1 59. Certificate of Public Trustee evidence 1 60. Custody of documents 1 61. Registration of titles 1 62. Fees and commissions deemed testamentary expenses 1 63. Public Trustee to have lien on policy moneys for premiums 1 64. Regulations 1 65. Rules of court 1 Sixth Schedule — Purchased land Notes Compilation table 1 Other notes 1 Defined terms Western Australia Public Trustee Act 1941 An Act relating to the appointment of a public trustee, and the powers and duties thereof, and for other purposes. Part I — Preliminary [Heading inserted: No. 9 of 2008 s. 4.] 1. Short title (1) This Act may be cited as the Public Trustee Act 1941. (2) This Act shall come into operation on a day (hereinafter referred to as the appointed day) to be fixed by proclamation. [Section 1 amended: No. 34 of 1962 s. 3; No. 64 of 1968 s. 2; No. 67 of 1979 s. 56; No. 24 of 1990 s. 123.] 1A. Object The object of this Act is to provide community services in respect of trusts, estates and related matters. [Section 1A inserted: No. 9 of 2008 s. 5.] 2. Terms used in this Act In this Act, unless inconsistent with the context or subject matter — administration, a grant of administration and a grant of letters of administration include an order to administer; client means — (a) a beneficiary of the estate of a deceased person which is administered by the Public Trustee; (b) the donor of a power of attorney, including an enduring power of attorney, under which the Public Trustee is the donee or substitute donee; (c) a person who appoints the Public Trustee to be the executor of the person's will; (d) a person on whose behalf moneys are invested in a Fund; (e) a beneficiary of a trust administered by the Public Trustee; (f) a person who has appointed the Public Trustee to act as the person's agent; or (g) a member of a class of persons prescribed by the regulations; Common Account means the account established and continued under section 39A(1); Court means the Supreme Court of Western Australia or a Judge thereof and includes a Registrar when exercising the powers of the Court pursuant to the Administration Act 1903, or Probate and Administration Rules; Curator means the Curator of Intestate Estates constituted under the Curator of Intestate Estates Act 1918 2; current agreement means the agreement entered into under section 6B(1) that is currently in force; estate or estates means any real or personal property under administration or held, managed, or controlled by the Public Trustee in any capacity whatsoever; Fund means the Common Account or a strategic common account; income includes rents and profits; Official Trustee means the Official Trustee appointed under the Official Trustee Act 1921 2; Public Trustee means the Public Trustee under this Act; Registrar of the Supreme Court means a person for the time being holding or acting in an office designated under the Supreme Court Act 1935 by that name, and a reference to a registrar may include a reference to the Principal Registrar or a deputy registrar duly appointed under that Act; regulations means regulations made under the authority of this Act; represented person means a person in respect of whom there is in force under the Guardianship and Administration Act 1990 an administration order whereby the Public Trustee is the administrator or a joint administrator of the estate of that person; reserve fund means a fund established under section 44A; rules means rules of court made under this Act or the Supreme Court Act 1935; strategic common account means an account established under section 39B(1); Treasurer's guidelines means guidelines issued by the Treasurer under section 47B(2); will includes codicil. [Section 2 amended: No. 12 of 1947 s. 2; No. 34 of 1962 s. 4; No. 64 of 1968 s. 2; No. 67 of 1979 s. 57; No. 10 of 1989 s. 3; No. 24 of 1990 s. 123; No. 9 of 2008 s. 6; No. 9 of 2022 s. 424.] 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: No. 9 of 2008 s. 7.] Part IA — The Public Trustee [Heading inserted: No. 9 of 2008 s. 8.] 4. Public Trust Office and Public Trustee (1) There shall be an office called the "Public Trust Office", administered by an officer called the Public Trustee who shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994, and shall have and exercise such powers and execute and discharge such duties as may be vested in or imposed on him pursuant to the provisions herein set forth. (2) The Public Trustee and his successors in office shall be and continue to be a body corporate, under the name of the "Public Trustee", and shall by that name have perpetual succession and a common seal, and be capable in law of suing and being sued and of holding and disposing of real and personal property. (3) The Public Trustee is an agent of the Crown in right of the State and enjoys the status, immunities and privileges of the Crown. [Section 4 amended: No. 10 of 1989 s. 4; No. 32 of 1994 s. 3(2); No. 9 of 2008 s. 9.] 5. Delegation (1) The Public Trustee may, by instrument in writing signed by the Public Trustee, delegate to a person any of the powers or duties of the Public Trustee under this Act or any other written law, other than this power of delegation. (2) A delegation under this section may be made generally or as otherwise provided by the instrument of delegation. [Section 5 inserted: No. 10 of 1989 s. 5; amended: No. 9 of 2008 s. 10.] 5A. Judicial notice All courts shall take judicial notice of the appointment of the Public Trustee, delegations by the Public Trustee under section 5, the signatures of the Public Trustee and delegates of the Public Trustee, and the seal of office of the Public Trustee. [Section 5A inserted: No. 64 of 1968 s. 5; amended: No. 10 of 1989 s. 6.] 6. Appointment of staff There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 such officers, clerks and other persons as are necessary to assist the Public Trustee to perform his functions. [Section 6 inserted: No. 10 of 1989 s. 7; amended: No. 32 of 1994 s. 3(2).] 6A. Use of other government staff etc. (1) The Public Trustee may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee — (a) in the Public Service; (b) in a State agency or instrumentality; or (c) otherwise in the service of the Crown in right of the State. (2) The Public Trustee may by arrangement with — (a) a department of the Public Service; or (b) a State agency or instrumentality, make use of any facilities of the department, agency or instrumentality. (3) An arrangement under subsection (1) or (2) shall be made on such terms as are agreed to by the parties. [Section 6A inserted: No. 9 of 2008 s. 11.] 6B. Management and performance (1) The Minister and the Public Trustee are to enter into a written agreement for each 12 month period in relation to matters prescribed by the regulations. (2) A current agreement may provide for any or all of the following — (a) the determination of a scale of fees under section 38A(1); (b) the proportion of fees received by the Public Trustee to be credited to the Consolidated Account; (c) the circumstances in which moneys may be transferred to or from a reserve fund; (d) the uses to which moneys in a reserve fund may be put. (3) The annual report of the Public Trustee submitted under the Financial Management Act 2006 shall include — (a) a summary of the current agreement; and (b) a report on the Public Trustee's performance in relation to matters required by the current agreement to be reported on in the annual report. (4) The first current agreement shall be effective on and from the day on which section 11 of the Public Trustee and Trustee Companies Legislation Amendment Act 2008 comes into operation. (5) If a current agreement (other than the first agreement) has not been made in respect of a 12 month period then on the commencement of that period the provisions of the current agreement for the previous 12 month period apply, to the extent that the provisions are relevant, until a current agreement is made for the first mentioned period. (6) A current agreement is not legally enforceable. [Section 6B inserted: No. 9 of 2008 s. 11.] Part II — Powers and duties of Public Trustee Division 1 — General [Heading inserted: No. 9 of 2008 s. 12.] 7. Appointment of Public Trustee in various capacities (1) Where the Crown, the Governor in Council, a public officer, a court, a judge, a board, a public or private corporate body, or any person within or outside Western Australia, now or hereafter can appoint a trustee, executor, administrator, guardian, next friend, committee, manager, receiver, agent or attorney, any of such appointments may be made of the Public Trustee. (2) Subject to this Act the powers, duties, immunities, and rights of the Public Trustee under any such appointment shall be the same as if the appointment had been of a private person. [Section 7 amended: No. 24 of 1990 s. 123.] Division 2 — Public Trustee as executor or administrator [Heading inserted: No. 9 of 2008 s. 13.] 8. Appointment of Public Trustee as executor Whenever the Public Trustee has been or shall be named as executor in the last will and testament or in any codicil thereto of any testator, it shall be lawful for the Public Trustee to act as executor, and to apply for and obtain probate, and to perform and to discharge all the acts and duties of an executor as fully and effectually as any other executor. 9. Pending probate or administration estate of deceased to vest in Public Trustee Upon the death of any person, and until probate or administration is granted in respect of his estate, the real and personal estate of such deceased person shall be deemed to vest in the Public Trustee, but without any charge being leviable therefor. Any estate or property at the commencement of this Act vested in the Chief Justice under the provisions of section 22 3 of the Administration Act 1903, or any corresponding previous enactment, shall, by virtue of this Act, vest in the Public Trustee. 10. Public Trustee may apply for order for administration of estate of deceased person (1) Where any person has heretofore died or hereafter dies, or is reasonably supposed to have died testate or intestate in or out of Western Australia, leaving property in Western Australia, the Court may, on the application of the Public Trustee, grant to the Public Trustee an order to administer the estate of such deceased person in any of the following cases — (a) where such person dies testate, but leaves no executor willing and capable of acting in execution of his will resident within the jurisdiction; (ab) where such person dies intestate, and the person first entitled to the administration of his estate is unwilling to act or incapable of acting in such administration or is not resident within the jurisdiction: Provided that if some other person in the State who, if it were not for this paragraph, would be entitled to such administration applies for such administration, then the Court may grant administration to such person; (b) where the executor renounces probate of the will of the deceased and all the persons first entitled to administration by writing filed in the office of the Court decline to apply for administration; (c) where probate or administration is not applied for within 3 months after the death of such person; (d) where, after the expiration of 30 days from such death, there appears to the Court to be no reasonable possibility of application being made within such period as aforesaid; (e) where the estate or any portion thereof is unprotected or liable to waste and the executor or a person who was married to, or living as the de facto partner of, the deceased immediately before the death of the deceased or next of kin is absent from the locality of the estate or of such portion thereof or is not known or has not been found; (f) where the estate or any substantial portion thereof is of a perishable nature or is in danger of being lost or destroyed; (g) in any other case where the Court considers it expedient or proper. (2) The Court may in any case require the Public Trustee to give such notices or cite such persons or produce such evidence as it may think fit before granting the order applied for, and may make the order subject to restrictions or conditions, or, in cases coming within the provisions of subsection (1)(e) or (f), make a temporary order only, or one limited to a portion of the estate. (3) A grant under this section shall, subject to this Act and to any restrictions which the Court may impose, give to the Public Trustee the same powers, rights and obligations in respect of the estate concerned as he would have under letters of administration. Subject to the provisions of this Act, all laws now or hereafter in force in reference to the administration of estates of deceased persons shall apply to the administration of estates by the Public Trustee and the estate of the deceased shall vest in the Public Trustee. (4) Where a grant of probate or administration (in this subsection referred to as the original grant) has been made in respect of the estate of any deceased person (in this subsection referred to as the original estate) and the persons to whom the original grant, or any subsequent or substituted grant of probate or administration was made, have died, or hereafter die, leaving part of the original estate unadministered, and the gross value of the part of the original estate so left unadministered at the time of the election hereinafter mentioned does not exceed the sum of $10 000, as estimated by the Public Trustee, and no person has since the death of the last executor or administrator taken out letters of administration de bonis non in respect of the original estate, the Public Trustee may, in all cases where he is entitled to apply for an order to administer, in lieu of obtaining such order, file in the office of the Court an election in writing setting forth the fact of the original grant, the death of the executors or administrators, and the particulars of the property so left unadministered, and electing to administer the property so left unadministered. (5) On such election being filed, the Public Trustee shall be deemed to be administrator of the original estate left unadministered in all respects as if letters of administration de bonis non had been regularly granted to him. (6) He shall publish in the Gazette a notice that he has made such election, and such notice shall be conclusive evidence that he is rightfully entitled to administer de bonis non. [Section 10 amended: No. 12 of 1947 s. 3; No. 64 of 1968 s. 6; No. 25 of 1978 s. 3; No. 67 of 1979 s. 58; No. 3 of 2002 s. 98.] 11. Public Trustee to be preferred to creditor as administrator, in certain cases The Public Trustee shall be entitled to a grant of administration of the estate of a deceased person in preference to any creditor applying in that capacity for administration thereof, unless the creditor proves to the satisfaction of the Court that it will be more beneficial to the estate that it should be administered by such creditor. [Section 11 amended: No. 67 of 1979 s. 59.] 12. Public Trustee may be appointed to act by executors and administrators (1) Any person or the majority of the persons entitled to obtain administration (with the will of any testator annexed) of the estate of such testator, may authorise the Public Trustee to apply to the Court for and obtain an order to administer the estate. (2) Any person or a majority of the persons named expressly or by implication as executor in any will may, unless expressly prohibited by the will, authorise the Public Trustee to apply to the Court for an order to administer the estate. (3) Any person or a majority of the persons entitled to obtain administration of the estate of any intestate may authorise the Public Trustee to apply to the Court for an order to administer the estate. (4) Any executor who has obtained probate, or any administrator who has obtained letters of administration, notwithstanding that he has acted in the administration of the deceased's estate may, with the consent of the Public Trustee, and after an account of all receipts and disbursements made by such executor or administrator in relation to the estate of the deceased up to the date of such application has been filed and passed by a Registrar of the Supreme Court, apply to the Court for an order transferring such estate to the Public Trustee for administration. (5) An order to administer under any of the preceding subsections may be granted, upon application to the Court by the Public Trustee. (6) Where there are more executors or administrators than one, all, or the majority of such executors or administrators, may apply to the Court or a Judge thereof to have the Public Trustee appointed sole executor or administrator on the grounds that the interests of the estate would be benefited by such appointment. (7) All applications to the Court, or a Judge thereof, under this section may be brought in such manner as may be prescribed by rules made under this Act, and the Court or Judge may, and is hereby given jurisdiction to make such order as it or he thinks fit. (8) Where to the appointment of any executor or administrator the consent of any person is required, and any such person refuses to consent to the Public Trustee being appointed, or where the person to consent is an infant, has a mental disability as defined in the Guardianship and Administration Act 1990 section 3(1) or is absent from Western Australia, or has any other disability, then the appointment of the Public Trustee may be made without such consent, if a Judge of the Supreme Court so orders. [Section 12 amended: No. 12 of 1947 s. 4; No. 67 of 1979 s. 60; No. 25 of 2014 s. 82.] 12A. Public Trustee's powers on appointment as agent of executor, administrator etc. In addition to the Public Trustee's powers under section 12, if — (a) a person who is an executor or administrator appoints the Public Trustee as the person's agent to act as executor or administrator in the place of the person; (b) a person who may be entitled to apply for a grant of probate appoints the Public Trustee as the person's agent to apply for a grant of probate; (c) a person who may be entitled to obtain administration (with the will of a testator annexed) of the testator's estate appoints the Public Trustee as the person's agent to apply for an order to administer the estate; or (d) a person who is referred to in section 25 of the Administration Act 1903 as a person who may be granted administration of an estate of a person dying intestate appoints the Public Trustee as the person's agent to apply for an order to administer the estate, the Public Trustee, if so appointed by power of attorney or other instrument of appointment, may act within the scope of the authority conferred on the Public Trustee as effectually as the person could have acted and may exercise all discretionary and other powers delegated by the principal as fully as the principal could have exercised them. [Section 12A inserted: No. 9 of 2008 s. 14.] 13. Application for removal of executor or administrator of an estate and for administration by the Public Trustee (1) In any case in which probate or administration of the estate of any deceased person has been granted to any person, the Public Trustee, or any person interested, may apply to the Court for an order for the removal of such executor or administrator, and for an order to administer by the Public Trustee the land or goods or estate left unadministered. Applications under this section shall be grounded upon affidavit stating any circumstances from which it appears that it would be beneficial to any person who is or may be interested in such estate, or that the due and proper administration of the estate requires that the executor or administrator should be removed, and that such estate should be administered by the Public Trustee. (2) Upon the making of any order under the preceding subsection the Court may order that any administration bond entered into by the administrator shall be assigned to the Public Trustee; and the Public Trustee shall thereupon be entitled to sue on the said bond in his own name as if the same had been originally given to him, and shall be entitled to recover thereon as trustee for all persons interested in the full amount recoverable in respect of any breach of the condition of the said bond. (3) Where the Public Trustee is appointed executor or is granted an order to administer under this or the last preceding section the property, rights, powers, authorities, functions, and discretions vested in, and the liabilities properly incurred in, the due administration of the estate by the original executor or administrator, as the case may be, shall upon such appointment and without any conveyance, transfer, or assignment become and be vested in and transferred to the Public Trustee, who shall have the same privileges, rights, powers, duties, discretions, and liabilities as if probate or administration had been granted to him originally. [Section 13 amended: No. 12 of 1947 s. 5.] 14. Election to administer estate not exceeding the prescribed amount, without order to administer (1) Where any person has heretofore died or hereafter dies testate or intestate, in or out of Western Australia, leaving property in Western Australia the gross value of which as estimated by the Public Trustee does not at the time of the election hereinafter mentioned exceed the prescribed amount and no person has taken out probate or administration in Western Australia, the Public Trustee may, in all cases where he is entitled to apply for an order to administer, in lieu of obtaining such order, file in the office of the Court an election in writing setting forth the name, residence, and occupation (so far as then known to him) of the deceased, and the value of the property of the deceased as then known, and electing to administer. (2) On such election being filed the Public Trustee shall be deemed to be administrator of the whole property of the deceased person in all respects as if a grant of probate or letters of administration, as the case may be, had been regularly granted to him. (3) He shall publish in the Gazette a notice that he has made such election, and such notice shall be conclusive evidence that he is rightfully entitled to administer. (4) If after filing such election the gross value of the property to be administered is found to exceed the prescribed amount, or the property to which the election relates is found to include property outside the State, the Public Trustee shall, as soon as practicable thereafter, file in the office of the Court a memorandum under his hand stating the fact, and proceed in the ordinary manner to obtain an order to administer the estate. (5) If after filing such election the Public Trustee finds that the deceased person who was supposed to have died intestate has died testate, the Public Trustee shall, as soon as practicable, file in the office of the Court a memorandum under his hand stating the facts and revoking such election; whereupon such election shall be deemed to have been revoked accordingly, and the Public Trustee shall file in the office of the Court his accounts of all transactions in the matter of the estate of such deceased person. (6) In this section — prescribed amount means the amount prescribed for the purposes of section 10 of the Trustee Companies Act 1987 for the relevant time. [Section 14 amended: No. 12 of 1947 s. 6; No. 64 of 1968 s. 7; No. 25 of 1978 s. 4; No. 67 of 1979 s. 58; No. 9 of 2008 s. 15.] 15. Public Trustee deemed successor of deceased for licensing purposes Where the Public Trustee obtains a grant of probate or administration under this Act, he shall be deemed to be the successor of the deceased for the purpose of the Licensing Act 1911 4, and may in a proper case, with the consent of the Licensing Court 5, enter by himself or his agent on and become the licensee of any licensed premises of which the deceased was licensee or the Public Trustee is owner within the meaning of that Act. 16. Public Trustee may pay over balance to proper officer etc. (1A) When the Public Trustee has been granted probate of the will or administration of the estate in Western Australia of any person who was at the time of his death domiciled in a State or Territory of the Commonwealth of Australia other than Western Australia, or in the Dominion of New Zealand, and whose estate in such State, Territory, or Dominion is being administered by executor or executors or administrator or administrators, or the proper officer of such State, Territory, or Dominion, the Public Trustee may pay or cause to be paid to such executor or executors or administrator or administrators, or proper officer, the balance of the estate, after payment of creditors and the fees and charges provided for in this Act, without seeing to the application of such balance and without incurring any liability in regard to such payment to such executor or executors or administrator or administrators, or proper officer. (1B) Where any moneys or personal chattels are payable or