Section 6
ADMINISTRATION OF ESTATES OF SMALL VALUE
Any person who in the opinion of the Public Trustee would be entitled to apply to the Court for order for the administration by the Court of an estate, the gross capital value whereof is proved to the satisfaction of the Public Trustee to be less than five thousand ringgit, may apply to the Public Trustee to administer the estate, and where any such application is made and it appears to the Public Trustee that the persons beneficially entitled are persons of small means, the Public Trustee shall administer the estate, unless he sees good reason for refusing to do so.
(2)
On the Public Trustee undertaking, by declaration in writing signed and sealed by him, to administer the estate, the property in the estate other than stock shall, by virtue of this Act and notwithstanding anything in any other written law contained, vest in him, and the right to transfer or call for the transfer of any stock forming part of the estate shall also vest in him, in like manner as if vesting orders had been made for the purpose by the Court under the Trustee Act 1949, and that Act shall apply accordingly:
Provided that—
(a)
the operation of this subsection in respect of land shall be subject to due compliance with the requirements of the laws relating to registration and that for the purposes of such laws the said declaration shall have the same effect as an order of the Court; and
(b)
the Public Trustee shall not exercise the right of himself transferring the stock without the leave of the Court.
(3)
As from such vesting any trustee entitled under the trust to administer the estate shall be discharged from all liability attaching to the administration, except in respect of past acts.
(4)
For the purposes of the administration the Public Trustee may exercise such of the administrative powers and authorities of the Court as may be conferred on him by rules under this Act.
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(5)
Rules shall be made under this Act for enabling the Public Trustee to take the opinion of the Court on any question arising in the course of any administration without judicial proceedings, and otherwise for making the procedure under this section simple and inexpensive.
(6)
Where proceedings have been instituted in any Court for the administration of an estate and by reason of the small value of the estate it appears to the Court that the estate can be more economically administered by the Public Trustee than by the Court or that for any other reason it is expedient that the estate should be administered by the Public Trustee instead of the Court, the Court may order that the estate shall be administered by the Public Trustee, and thereupon, subject to any directions by the Court, this section shall apply as if the administration of the estate had been undertaken by the Public Trustee in pursuance of this section.
(7)
When any trust money which is not included in the investment account of the Common Fund is normally insufficient if kept in a bank current account to earn bank interest, the money may be kept in a general banking account and any interest allowed by the bank on the daily balance of such general banking account shall be paid into the Consolidated Fund.