308.
| (1) If any person shall die leaving property within Sri Lanka and no grant of probate or of letters of administration is made, or no application has been made for letters of administration by the may, within a reasonable time after he has had notice of the death of such person, appoint a fit and proper person to administer the estate or take such action as may be necessary to administer the estate himself in his capacity as Public Trustee. |
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| (2) If any person shall die leaving property within Sri Lanka, and the Public Trustee is satisfied, upon representations made to him in that behalf or of his own motion, that there is not resident within Sri Lanka some next of kin or other person entitled to administration of the estate of the person so dying or that pending administration or otherwise the assets of the estate of the person so dying are in jeopardy of being lost to the heirs or other persons law- fully entitled to the same, the Public Trustee may; issue letters ad colligenda in the prescribed form to one or more responsible persons-
| | (a) to take charge of such property until the same shall be claimed by some executor or administrator lawfully entitled to administer the same or. where the estate requires no administration, by the persons entitled to the same; or | | |
| | (b) to take an inventory of such property and to permit any person in possession of such property subject to his giving security or otherwise to continue in possession: | | |
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| (3) Where probate or letters of administration have been issued to any person other than an executor named in the will, and most of the persons interested in the estate as beneficiaries or as heirs apply to the apply Public Trustee that the estate can be more economically or satisfactorily administered by the Public Trustee, then the Public Trustee may in his discretion take such action as may be necessary to proceed with the administration of the estate himself in his capacity as Public Trustee. |
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| (4) Any executor who has obtained probate, or any administrator who has obtained letters or administrator, notwithstanding that he has acted in the administration of the deceased's estate and notwithstanding the existence of any other executor or administrator, may apply to the Public Trustee for an order transferring such estate to the Public Trustee for administration, and the Public Trustee may take such action as may be necessary to administer the estate himself in his capacity as Public Trustee. Thereupon, the estate of the deceased left unadministered and all rights and obligations in respect thereof shall become and be conveyed, assigned, and transferred to the Public Trustee as executor or administrator, as the case may be, so that the same shall thereupon become and be legally and effectually vested in him, and, subject to the provisions of this Chapter, he shall have all the powers of such executor or administrator and such executor or administrator shall not be in any way liable in respect of any act or default in reference to such estate subsequent to the date on which the administration was transferred to the public Trustee, other than the act or default of himself, or of persons other than himself for whose conduct he is in law responsible. |
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| (5) Where any person dies leaving property amounting to or exceeding twenty thousand rupees in value and the Public Trustee, upon representations or information received in that behalf, is of opinion that the estate is likely to be interfered or intermeddled with and that the assets of the estate are likely to be in jeopardy of being lost to the heirs or to other persons lawfully entitled to or having any interest in the same, the Public Trustee may in his absolute
| | (a) take charge of such estate until the same shall be claimed by some executor or administrator lawfully entitled to administer the same; or | | |
| | (b) take an inventory of such estate and authorize any person in possession of such estate or any other fit and proper person, subject to his giving security or otherwise, to continue in possession or to take possession, as the case may be; or | | |
| | (c) take such other steps for the protection of the estate as may be necessary or expedient in the particular circumstances of the case. | | |
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| (6) Whenever the Public Trustee undertakes the administration of an estate in terms of this section, or where he has been appointed executor under the will of a deceased person he shall as far as practicable comply with the provisions of this Chapter relating to the administration of estates: |
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Sri Lanka Consolidated Acts