PUBLIC TRUSTEE ACT 1941
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 1A Object
- 2 Terms used in this Act
- 3 Public Trustee to be successor in law of Curator of Intestate Estates and the Official Trustee
PART IA -- The Public Trustee
- 4 Public Trust Office and Public Trustee
- 5 Delegation
- 5A Judicial notice
- 6 Appointment of staff
- 6A Use of other government staff etc.
- 6B Management and performance
PART II -- Powers and duties of Public Trustee
Division 1 -- General
- 7 Appointment of Public Trustee in various capacities
Division 2 -- Public Trustee as executor or administrator
- 8 Appointment of Public Trustee as executor
- 9 Pending probate or administration estate of deceased to vest in Public Trustee
- 10 Public Trustee may apply for order for administration of estate of deceased person
- 11 Public Trustee to be preferred to creditor as administrator, in certain cases
- 12 Public Trustee may be appointed to act by executors and administrators
- 12A Public Trustee’s powers on appointment as agent of executor, administrator etc.
- 13 Application for removal of executor or administrator of an estate and for administration by the Public Trustee
- 14 Election to administer estate not exceeding the prescribed amount, without order to administer
- 15 Public Trustee deemed successor of deceased for licensing purposes
- 16 Public Trustee may pay over balance to proper officer etc.
- 17 If property has escheated to the Crown
- 18 Payment to parent etc. of distributive shares of infant children where net amount is under
Division 3 -- Public Trustee as trustee
- 20 Public Trustee may be appointed trustee
- 21 Advisory trustees
- 22 Custodian trustee
- 22A Public Trustee’s powers on appointment as trustee’s agent
- 23 Public Trustee may exercise powers under other Acts
Division 4 -- Estates of represented persons
- 24 Public Trustee may apply for administration order
- 27 Summary proceedings for the protection of property of represented persons
- 28 Protection of persons dealing with Public Trustee
- 29 Payments by Public Trustee to represented persons or their personal representatives
- 31 Power of Public Trustee to act on certificates issued by proper officers in other jurisdictions
- 32 Public Trustee may open and deliver up wills
- 33 Personal effects of represented persons may be sold
Division 5 -- Powers and duties of Public Trustee as to moneys subject to court and other orders
- 37 Investment of moneys under control or subject to order of the Supreme Court
Division 6 -- Powers and duties of Public Trustee as to uncared for property
- 37A Power of Court to authorise Public Trustee to exercise certain powers in respect of uncared-for property
Division 7 -- Other services
- 37B Term used in this Division
- 37C Provision of services
PART III -- Financial
- 38 Term used in this PART
- 38A Scale of fees
- 38B Public Trustee’s entitlement to fees and expenses
- 39 Payment of expenses incurred by Public Trustee
- 39A The Common Account
- 39B Establishment of strategic common accounts
- 39C Power to invest moneys
- 39D Power to invest, and restrictions on investment of, Fund moneys
- 39E How Fund moneys are to be invested, distributed etc.
- 39F Records as to Funds
- 40 Power to enter into portfolio management contracts as to Fund investments
- 40A Power to lease purchased land
- 41 Temporary advances to Public Trustee
- 42 Deficiency in Common Account
- 43 Public Trust Office funds to be Crown property
- 44 Advances for administration purposes or against shares
- 44A Reserve funds
- 45 Unclaimed moneys to be paid into Consolidated Account
- 46 Minister to have access to books of Public Trustee
- 47 Records and accounts to be kept
- 47A Fees for preparation of wills and enduring powers of attorney and providing legal services
- 47B Treasurer’s approvals and guidelines
- 48 Application of Financial Management Act 2006 and Auditor General Act 2006
PART IV -- General
- 49 General powers of Public Trustee
- 50 Appointment and duties of agent
- 51 No bond required from Public Trustee
- 52 Public Trustee may sue himself in different capacities
- 54 Deposit of wills and other documents
- 55 Inquiries as to property
- 56 Remedy against Public Trustee
- 57 Public Trustee and officers not personally liable except for fraud or crime
- 58 Public Trustee may take opinion of Court
- 59 Certificate of Public Trustee evidence
- 60 Custody of documents
- 61 Registration of titles
- 62 Fees and commissions deemed testamentary expenses
- 63 Public Trustee to have lien on policy moneys for premiums
- 64 Regulations
- 65 Rules of court