Public Trustee Act 1995 (SA)

South Australia Public Trustee Act 1995 An Act to provide for the office and functions of the Public Trustee; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Office of Public Trustee 4 Public Trustee 5 Functions and powers 6 Ministerial control 7 Execution of documents 8 Delegations Part 3—Appointment as administrator, trustee etc 9 Administration of deceased estate 10 Public Trustee need not give security 11 No action to be instituted after Public Trustee has obtained administration 12 Administrator pendente lite 13 Administration of trust estate 14 Appointment as executor or trustee 15 Appointment of Public Trustee by executors, administrators or trustees 16 Appointment by court as trustee of amount of judgment etc 17 Custodian trustee 18 Power of attorney continues despite subsequent legal incapacity Part 4—Administration of estates 19 Payments to or from executors etc elsewhere in Australia or in New Zealand 20 Public Trustee must require delivery or transfer of property to which Public Trustee is entitled 21 Court may summons administrator etc on application of Public Trustee 22 Result of disobedience to summons 23 Public Trustee to give notice to beneficiary entitled to property 24 Administration of Public Trustee may be referred to Court 25 Public Trustee may make advances for purposes of administration 26 Public Trustee to keep accounts in respect of estates etc Part 5—Investment of estate funds and common funds 27 Investment of estate funds 28 Money from several estates may be invested as one fund 29 Common funds 30 Accounts, audits and reports in respect of common funds 31 Information for investors or prospective investors in common fund Part 6—Unclaimed property 32 Public Trustee's duties with respect to unclaimed money or land 33 Provision for parties subsequently claiming to apply to Court etc 34 Appointment as manager of unclaimed property 35 Powers of Public Trustee as manager 36 Public Trustee to have discretion as to exercise of powers as manager 37 Public Trustee may apply to Court for directions 38 Money to be invested in common fund 39 Remuneration and expenses of Public Trustee 40 Property managed by Public Trustee to be held for owner 41 Termination of management 42 Transfer of unclaimed property to Crown Part 7—Financial and other provisions 43 Expenditure of money on land 44 Fee for administering perpetual trust 45 General provision relating to Public Trustee's charges 45A Recovery of GST 46 ADI accounts, investment and overdraft 47 Tax and other liabilities of Public Trustee 48 Dividends 49 Responsibility of Government for acts of Public Trustee 50 Accounts and external audit 51 Annual reports 52 Deposit of certain wills and other documents with Public Trustee 53 Certificate by Public Trustee of appointment to act 54 Indemnity to persons having dealings with Public Trustee 55 Regulations and fee notices Schedule 1—Transitional provisions 1 Interpretation 2 Public Trustee 3 Court orders etc continued 4 Appointments to continue 5 Catherine Helen Spence Memorial Fund 6 Common funds 7 Accounts Legislative history Appendix—Divisional penalties and expiation fees