[1963] VR 165
In the Estate of DUNN, deceased
SUPREME COURT OF VICTORIA
HERRING, CJ
8, 24 May 1962
[1963] VR 165
Administration and probate — Administration completed — Appointment of new
administrator — Trustee — Time when administrator becomes a trustee — Substitution of new trustee — Administration and Probate Act 1958 (No. 6191),
s34(1) — Trustee Act 1958 (No. 6401), s48(1)
.
Where an administrator to whom letters of administration have been granted has
completed the administration of the deceased's estate but has continued to
manage the affairs of the estate as trustee for the benefit of the deceased's
beneficiaries and wishes to retire, the appropriate course is not the
appointment of a new administrator but the appointment of a new trustee in his
stead under s48(1) of the Trustee Act 1958.
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[1963] VR 165
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