New South Wales Consolidated Regulations

NSW TRUSTEE AND GUARDIAN REGULATION 2008

- Made under the NSW Public Trustee and Guardian Act 2009
- As at 25 June 2010
- Reg 364 of 2008

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - FEES, COMMISSIONS AND CHARGES FOR TRUST MATTERS

           Division 1A - Application

   3A.     Application of Part

           Division 1 - Fees

   4.      Taxation returns
   5.      Real estate inspections and valuations
   6.      Dealings affecting shares in an estate
   7.      Attendance fees
   8.      Work done if representation not subsequently obtained
   9.      Attempted realisation of assets
   10.     Carrying on business
   11.     Administration account and audit fee
   12.     Remuneration of registrars of Local Court
   13.     Fee for management of common fund
   14.     Fee for trust investment planning
   15.     Trust fee for long-term trusts

           Division 2 - Scales of commission

   16.     Commission where NSW Trustee realises capital
   17.     Commission on capital realised by former trustees
   18.     Commission on unrealised property
   19.     Commission on income
   20.     Commission where NSW Trustee acts as attorney or agent
   21.     Locating beneficiaries

           Division 3 - Charges

   22.     Charges incidental to exercise of power of sale
   23.     Execution of documents
   24.     Production of documents
   25.     Search of records
   26.     Legal advice and proceedings
   27.     General power to charge for services

           Division 4 - General

   28.     Fees cumulative
   29.     Amount of fees to be determined by NSW Trustee
   30.     (Repealed)
   31.     Deduction of fees etc from funds
   32.     GST may be added to fees, commission or charges

   PART 3 - OTHER MATTERS RELATING TO DECEASED ESTATES

   33.     Application of Part
   34.     Index of wills
   35.     Small estates etc
   36.     Notices and elections under Division 1 of Part 3.2 of the Act
   36A.    Notice of administration of certain small estates
   36B.    Reciprocal arrangement for intestacy

   PART 4 - MANAGED ESTATES

   37.     Interpretation
   38.     Fees payable to the NSW Trustee
   39.     Information relating to mental health inquiry
   40.     Form of order or interim order that estate be managed under the Act
   41.     Medical superintendent to notify NSW Trustee of certain orders
   42.     Medical superintendent to notify NSW Trustee of certain events
   43.     Review by ADT of estate management decisions of NSW Trustee
   44.     Copies of wills
   45.     Information that missing person is alive
   46.     Restriction on NSW Trustee’s discretion to deal with certain estates-prescribed amount: section 95 (1) (a)
   47.     Reciprocal arrangement for interstate protected person

   PART 5 - TRANSITIONAL PROVISIONS

   48.     Distribution of interest to common funds
   49.     Allocation of Interest Suspense Account
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3