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Acceptance or refusal of application

Public Trustee Rules, r. 13 · Revised Edition 2020

(1) If it is not proved to the satisfaction of the Public Trustee that the gross capital value of the estate is less than five thousand dollars, or if it does not appear to him that the persons beneficially entitled are persons of small means, or if he sees any other good reason for refusing the application, he shall refuse the same, and shall forthwith give notice to the applicant of such refusal. (2) In any other case the Public Trustee shall make in respect of the estate the declaration mentioned in section 7 (2) of the Act, and shall give notice to the applicant that the application is accepted, and shall take such other steps as may be necessary or proper to enable him to administer the estate; and any person having the custody of the probate or letters of administration or other document relating to the estate, shall, upon the request in writing of the Public Trustee, deliver the same to him, or as he shall direct. 11 (3) A refusal under this rule shall not prevent the Public Trustee from exercising, with respect to the estate, any powers (other than powers under section 7 of the Act) exercisable by him with respect thereto under the Act or these Rules, if duly appointed to exercise the same. (4) Upon the acceptance of any application the Public Trustee shall consider and determine whether the estate shall be administered from his central office or from a branch office, and shall give directions accordingly, and any such directions may at any time be rescinded or varied by the Public Trustee at his discretion.
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