Western Australian Current Acts

PUBLIC TRUSTEE ACT 1941

TABLE OF PROVISIONS

           Long Title

   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
           SIXTH SCHEDULE