Western Australian Consolidated Acts

PUBLIC TRUSTEE ACT 1941 - SECT 2

2 .         Terms used in this Act

                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;

        certificated practitioner has the meaning given to that term in section 3 of the Legal Practice Act 2003 ;

        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 Act;

        represented person means a person in respect of whom there is in force under the Guardianship and Administration Act 1990 an administration order whereby the Public Trustee is the administrator or a joint administrator of the estate of that person;

        reserve fund means a fund established under section 44A;

        rules means rules of court made under this Act or the Supreme Court Act 1935 ;

        strategic common account means an account established under section 39B(1);

        Treasurer’s guidelines means guidelines issued by the Treasurer under section 47B(2);

        will includes codicil.

        [Section 2 amended by No. 12 of 1947 s. 2; No. 34 of 1962 s. 4; No. 64 of 1968 s. 2; No. 67 of 1979 s. 57; No. 10 of 1989 s. 3; No. 24 of 1990 s. 123; No. 9 of 2008 s. 6.]