Wills, Probate and Administration (Amendment) Act 1979 (NSW)

WILLS, PROBATE AND ADMINISTRATION

(AMENDMENT) ACT, 1979, No. 187

OTales;

ANNO VICESIMO OCTAVO

ELIZABETHS II BEGINS

Act No. 187, 1979.

An Act to amend the Wills, Probate and Administration Act, 1898, with respect to the appointment of the public trustee or a trustee company as executor, and by way of statute law revision. [Assented to, 21st December, 1979.]

Act No. 187, 1979.

Wills, Probate and Administration {Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and with

the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the “Wills, Probate and Short title.

Administration (Amendment) Act, 1979”.

2. The Wills, Probate and Administration Act, 1898, is Amendment

amended in the manner set forth in Schedule 1. d '̂ i'898°

SCHEDULE 1. Sec. 2.

Amendments to the Wills, Probate and Administration

Act, 1898.

(1) Section 3, definition of “Trustee company”—

After the definition of “Seal of the Court”, insert :—

“Trustee company” means an incorporated company authorised by Act of Parliament of this State to act as trustee in New South Wales.

(2) (a) Section 64 (3 )—

Omit “the Permanent Trustee Company of New South Wales (Limited) or the Perpetual Trustee Company (Limited)”, insert instead “a trustee company”.

(b) Section 64 (3) —

Omit “forty thousand dollars”, insert instead

“$50,000”.

Act No. 187, 1979.

Wills, Probate and Administration .{Amendment).

SCHEDULE 1—continued.

Amendments to the Wills, Probate and Administration

Act, 1898—continued.

(3) (a) Section 75a (1 )—

After “in his place or stead”, insert “or as co-exeeutor with him or with the continuing executors (including the appointor), as the case may be,”.

(b) Seetion 75a (1 )—

After “it has been appointed”, insert “or as an additional executor thereof, as the case may be”.

(c) Section 75a (10)—

Omit the subsection.