Western Australian Consolidated 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 $5 000

           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
           Compilation table