Public Trustee Act 1941 (WA)

Western Australia

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.

[Heading inserted: No. 9 of 2008 s. 4.]

• (1)

  This Act may be cited as the Public Trustee Act 1941.

• (2)

  This Act shall come into operation on a day (hereinafter referred to as the appointed day) to be fixed by proclamation.

[Section 1 amended: No. 34 of 1962 s. 3; No. 64 of 1968 s. 2; No. 67 of 1979 s. 56; No. 24 of 1990 s. 123.]

The object of this Act is to provide community services in respect of trusts, estates and related matters.

[Section 1A inserted: No. 9 of 2008 s. 5.]

In this Act, unless inconsistent with the context or subject matter —

administration, a grant of administration and a grant of letters of administration include an order to administer;

client means —

• (a)

  a beneficiary of the estate of a deceased person which is administered by the Public Trustee;

• (b)

  the donor of a power of attorney, including an enduring power of attorney, under which the Public Trustee is the donee or substitute donee;

• (c)

  a person who appoints the Public Trustee to be the executor of the person’s will;

• (d)

  a person on whose behalf moneys are invested in a Fund;

• (e)

  a beneficiary of a trust administered by the Public Trustee;

• (f)

  a person who has appointed the Public Trustee to act as the person’s agent; or

• (g)

  a member of a class of persons prescribed by the regulations;

Common Account means the account established and continued under section 39A(1);

Court means the Supreme Court of Western Australia or a Judge thereof and includes a Registrar when exercising the powers of the Court pursuant to the Administration Act 1903, or Probate and Administration Rules;

Curator means the Curator of Intestate Estates constituted under the Curator of Intestate Estates Act 1918 2;

current agreement means the agreement entered into under section 6B(1) that is currently in force;

estate or estates means any real or personal property under administration or held, managed, or controlled by the Public Trustee in any capacity whatsoever;

Fund means the Common Account or a strategic common account;

income includes rents and profits;

Official Trustee means the Official Trustee appointed under the Official Trustee Act 1921 2;

Public Trustee means the Public Trustee under this Act;

Registrar of the Supreme Court means a person for the time being holding or acting in an office designated under the Supreme Court Act 1935 by that name, and a reference to a registrar may include a reference to the Principal Registrar or a deputy registrar duly appointed under that Act;

regulations means regulations made under the authority of this…