This legislation has been repealed.
(1) The public trustee may, at such times as he or she considers appropriate, but shall, at least once in every 6 months, determine whether the amount of suspended funds in the trust fund—
(a) is likely to be insufficient to meet the payments to be made out of the suspended funds for section 35 (1) (a); or
(b) is likely to exceed the amount required to meet those payments.
(2) Where the public trustee determines that the amount of suspended funds is likely to be insufficient to meet the payments to be made out of the suspended funds for section 35 (1) (a), the public trustee shall declare that such an amount of the distributable funds as the public trustee identifies, being not more than the amount required to meet those payments, is to be identified as suspended funds.
(3)
Where the public trustee determines that the
amount of suspended funds is likely to exceed the amount required to meet
those payments, the public trustee shall declare that such an amount of the
suspended funds as the public trustee identifies, being not more than the
amount of the likely excess, is to be identified as distributable funds.