Public Trustee Act 1941 (WA)

Western Australia Public Trustee Act 1941 Western Australia Public Trustee Act 1941 Contents Part I — Preliminary 1. Short title 1 1A. Object 1 2. Terms used in this Act 1 3. Public Trustee to be successor in law of Curator of Intestate Estates and the Official Trustee 1 Part IA — The Public Trustee 4. Public Trust Office and Public Trustee 1 5. Delegation 1 5A. Judicial notice 1 6. Appointment of staff 1 6A. Use of other government staff etc. 1 6B. Management and performance 1 Part II — Powers and duties of Public Trustee Division 1 — General 7. Appointment of Public Trustee in various capacities 1 Division 2 — Public Trustee as executor or administrator 8. Appointment of Public Trustee as executor 1 9. Pending probate or administration estate of deceased to vest in Public Trustee 1 10. Public Trustee may apply for order for administration of estate of deceased person 1 11. Public Trustee to be preferred to creditor as administrator, in certain cases 1 12. Public Trustee may be appointed to act by executors and administrators 1 12A. Public Trustee's powers on appointment as agent of executor, administrator etc. 1 13. Application for removal of executor or administrator of an estate and for administration by the Public Trustee 1 14. Election to administer estate not exceeding the prescribed amount, without order to administer 1 15. Public Trustee deemed successor of deceased for licensing purposes 1 16. Public Trustee may pay over balance to proper officer etc. 1 17. If property has escheated to the Crown 1 18. Payment to parent etc. of distributive shares of infant children where net amount is under $5 000 1 Division 3 — Public Trustee as trustee 20. Public Trustee may be appointed trustee 1 21. Advisory trustees 1 22. Custodian trustee 1 22A. Public Trustee's powers on appointment as trustee's agent 1 23. Public Trustee may exercise powers under other Acts 1 Division 4 — Estates of represented persons 24. Public Trustee may apply for administration order 1 27. Summary proceedings for the protection of property of represented persons 1 28. Protection of persons dealing with Public Trustee 1 29. Payments by Public Trustee to represented persons or their personal representatives 1 31. Power of Public Trustee to act on certificates issued by proper officers in other jurisdictions 1 32. Public Trustee may open and deliver up wills 1 33. Personal effects of represented persons may be sold 1 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 1 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 1 Division 7 — Other services 37B. Term used in this Division 1 37C. Provision of services 1 Part III — Financial 38. Term used in this Part 1 38A. Scale of fees 1 38B. Public Trustee's entitlement to fees and expenses 1 39. Payment of expenses incurred by Public Trustee 1 39A. The Common Account 1 39B. Establishment of strategic common accounts 1 39C. Power to invest moneys 1 39D. Power to invest, and restrictions on investment of, Fund moneys 1 39E. How Fund moneys are to be invested, distributed etc. 1 39F. Records as to Funds 1 40. Power to enter into portfolio management contracts as to Fund investments 1 40A. Power to lease purchased land 1 41. Temporary advances to Public Trustee 1 42. Deficiency in Common Account 1 43. Public Trust Office funds to be Crown property 1 44. Advances for administration purposes or against shares 1 44A. Reserve funds 1 45. Unclaimed moneys to be paid into Consolidated Account 1 46. Minister to have access to books of Public Trustee 1 47. Records and accounts to be kept 1 47A. Fees for preparation of wills and enduring powers of attorney and providing legal services 1 47B. Treasurer's approvals and guidelines 1 48. Application of Financial Management Act 2006 and Auditor General Act 2006 1 Part IV — General 49. General powers of Public Trustee 1 50. Appointment and duties of agent 1 51. No bond required from Public Trustee 1 52. Public Trustee may sue himself in different capacities 1 54. Deposit of wills and other documents 1 55. Inquiries as to property 1 56. Remedy against Public Trustee 1 57. Public Trustee and officers not personally liable except for fraud or crime 1 58. Public Trustee may take opinion of Court 1 59. Certificate of Public Trustee evidence 1 60. Custody of documents 1 61. Registration of titles 1 62. Fees and commissions deemed testamentary expenses 1 63. Public Trustee to have lien on policy moneys for premiums 1 64. Regulations 1 65. Rules of court 1 Sixth Schedule — Purchased land Notes Compilation table 1 Other notes 1 Defined terms Western Australia Public Trustee Act 1941 An Act relating to the appointment of a public trustee, and the powers and duties thereof, and for other purposes.