Trustee Companies Regulations 1988 (WA)

Western Australia Trustee Companies Act 1987 Trustee Companies Regulations 1988 Western Australia Trustee Companies Regulations 1988 Contents Part 1 — Preliminary 1. Citation 2 2. Commencement 2 Part 2 — Administrative matters 3. Scale of charges to be published 3 4. Amount prescribed for the purposes of section 10 4 5. Form of returns under section 33 4 6. Completion of forms 4 7. Compliance with forms 4 8. Fee for lodgement of statement under section 33 5 Part 3 — Voluntary transfers of estate assets and liabilities 9. Purpose of this Part 6 10. Transfer of estate assets and liabilities 6 11. Certificates evidencing operation of this Part 7 12. Registration or record of transfer 7 13. Exemption from State tax 8 Schedule Notes Compilation table 18 Western Australia Trustee Companies Act 1987 Trustee Companies Regulations 1988

Part 1 — Preliminary [Heading inserted: Gazette 4 Jan 2013 p. 6.]

1. Citation These regulations may be cited as the Trustee Companies Regulations 1988 1.

2. Commencement These regulations shall come into operation on the day on which the Trustee Companies Act 1987 comes into operation 1.

Part 2 — Administrative matters [Heading inserted: Gazette 4 Jan 2013 p. 6.]

3. Scale of charges to be published (1) A trustee company shall publish its scale of charges as required under the Act by making available free of charge — (a) to any person who approaches the trustee company for the purpose of making a will which names the trustee company as executor; and (b) to any person who requests a copy of the scale of charges of the trustee company, a copy of its current scale of charges and, where a notice has been published under subregulation (4), a copy of its proposed scale of charges. (2) A trustee company shall ensure that copies of its current scale of charges and, where a notice has been published under subregulation (4), copies of its proposed scale of charges are available free of charge at any office of the trustee company which is open to the public. (3) In addition to the statement required under section 18(9) of the Act the scale of charges as published under subregulations (1) and (2) shall include a statement to the effect that — (a) the trustee company is entitled to the reimbursement of all disbursements properly made by the trustee company in the administration or management of an estate; and (b) where an estate participates in an Estate Common Trust Fund the fee or commission set out in the scale of charges may apply. (4) Where a trustee company proposes to alter its scale of charges the trustee company shall cause to be published in the public notices section of a daily newspaper circulated throughout the State a notice — (a) stating that the trustee company proposes to alter its scale of charges with effect from a date specified in the notice; (b) giving details of the proposed alteration to its scale of charges; and (c) stating that copies of the proposed scale of charges are available upon request at any office of the trustee company. (5) A notice under subregulation (4) shall be published at least 14 days before the day on which the alteration is to come into effect. (6) The scale of charges as published under subregulations (1) and (2) and any notice under subregulation (4) shall be in print no smaller than 5 point Roman type face.