4. Section 37 of the Probate and Administration Act (Cap. 251) is repealed and the following sections substituted therefor:
—(1) Where a person dies intestate, his real and personal estate shall vest in the Public Trustee.
(2) Where a testator dies and —
at the time of his death there is no executor with power to obtain probate of the will; or
at any time before probate of the will is granted there ceases to be any executor with power to obtain probate,
the real and personal estate of which the testator disposes by the will shall vest in the Public Trustee with effect from the time specified in paragraph (a) or (b) in relation to each case.
(3) The vesting by virtue of this section of any estate in the Public Trustee shall not, without more, confer or impose on him any power, duty, right, equity, obligation or liability in respect of the estate.
(4) Any estate or part of an estate vested in the Public Trustee under subsection (1) or (2) shall cease to be so vested on the grant of administration in respect of the estate or part in question.
—(1) Any estate or part of an estate of a deceased person vested in the Chief Justice under section 37 immediately before the commencement of section 4 of the Statutes (Miscellaneous Amendments) Act 1997 (referred to in this section as the appointed day) shall on the appointed day vest in the Public Trustee.
(2) Subject to subsection (3), the amendment made to this Act by the Statutes (Miscellaneous Amendments) Act 1997 applies in respect of a person’s estate whether the person died before or after the appointed day.
(3) Where, but for this subsection, the vesting under section 37 (as amended by the Statutes (Miscellaneous Amendments) Act 1997) of any estate of a testator would have effect from a time before the appointed day, the vesting shall have effect from that day and section 37(2) shall have effect subject to this.”.