← belizelaw.ai · Public Trustee, Cap. 199 · PART II — Appointment, Powers and Duties, etc., of Public Trustee
Proceedings on taking possession of estate of absent owner
Cap. 199, s. 14 · Revised Edition 2020
(1) Where the Public Trustee takes possession of the estate or property of the absent person, he shall give immediate intimation thereof by notice published in the Gazette and in one newspaper at least three times, with an interval of a week between each publication.
(2) The Public Trustee shall use due diligence to ascertain where the absent person is and his place of residence and address and, if they can be ascertained, shall use due diligence to inform him that the Public Trustee has so taken possession,
and shall require him to appoint an attorney in Belize to represent his interests.
(3) Where the place of residence and address of the person cannot be ascertained, the Public Trustee shall apply to the court for directions.
(4) Where the person refuses or neglects, without sufficient cause, to appoint an attorney in Belize within a reasonable time after being required to do so, the Public Trustee shall apply to the court for directions.
(5) Where the Public Trustee applies to the court under this section, the court, if satisfied,
(a) that the place of residence and address of the person cannot be ascertained; or 15
(b) that he has been afforded sufficient opportunity to enable him to appoint an attorney in Belize and neglects to do so;
shall direct that the estate or property shall be forthwith realised, and after the expiration of the time fixed by the court,
the Public Trustee shall deal with the proceeds and distribute them amongst the creditors of the person in the same manner as if he had been adjudged bankrupt.
(6) Where the court is not so satisfied, or where the person is under any disability, the court shall give any directions the circumstances may require.
(7) Until the Public Trustee receives directions from the court, he shall administer the estate or property according to the usual legal course of administration in Belize by attorneys of absent parties,
Provided that, where it appears that the owner has committed an act of bankruptcy or that the claim on the estate exceeds the assets, the Public Trustee shall forthwith apply to the court,
and the court, if satisfied of the fact, shall thereupon adjudge the estate to be bankrupt, and it shall then be administered not under this Act but under and in accordance with any law relating to bankruptcy as if the owner thereof had been adjudged bankrupt.
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