Western Australian Consolidated Acts

PUBLIC TRUSTEE ACT 1941 - SECT 38B

38B .         Public Trustee’s entitlement to fees and expenses

        (1)         The Public Trustee is entitled to charge as remuneration for the functions and services referred to in section 38A(1) fees not exceeding those fixed from time to time by the Public Trustee and set out in the latest published scale of fees before the Public Trustee commences to perform the function or provide the service.

        (2)         Nothing in this section prevents —

            (a)         the payment of any fees that a testator in his will has directed to be paid; or

            (b)         the payment of any fees that have been agreed on between the Public Trustee and a person for whom the Public Trustee performs a function or provides a service under this Act or any other written law,

                either in addition to or instead of the fees provided for by this section.

        (3)         Nothing in this section prevents the Public Trustee from being reimbursed for all expenses properly incurred by the Public Trustee in the administration or management of an estate.

        (4)         Any fees charged by the Public Trustee in accordance with this section are payable out of the capital or income of the estate.

        (5)         Any fees which the Public Trustee is entitled to receive in respect of an estate may be paid or deducted out of the estate, in accordance with the time and manner provided for in the latest scale of fees of the Public Trustee published before the commencement of the administration or management of the estate, at any time after the commencement of the administration or management of the estate.

        (6)         In addition to the fees chargeable under this section, the Public Trustee may, in respect of any estate, charge and receive a reasonable fee or remuneration for work involved in the preparation and lodging of returns for the purpose of or in connection with assessments of any duties or taxes (other than probate, death, succession or estate duties).

        (7)         The published scale of fees of the Public Trustee must include a statement to the effect that the Public Trustee may in addition to fees chargeable under this section charge a fee for work involved in the preparation and lodging of returns for the purpose of or in connection with assessments of any duties or taxes (other than probate, death, succession or estate duties).

        (8)         There shall not be any fee payable to the Public Trustee in respect of income earned by an estate by way of interest payable to the estate under section 39A(7).

        (9)         Where in a particular case the Public Trustee is satisfied that there is proper cause, the Public Trustee may waive, either wholly or in part, any fees determined under this Act.

        (10)         The incidence of fees under this section, as between corpus and income, shall be determined by the Public Trustee.

        (11)         If immediately before the day on which section 24 of the Public Trustee and Trustee Companies Legislation Amendment Act 2008 comes into operation  ¹ the Public Trustee is responsible for performing a function or providing a service of a type referred to in section 38A(1), on or after that day the Public Trustee is entitled to charge as remuneration for performing the function or providing the service fees set out in the first scale of fees referred to in section 38A(3).

        [Section 38B inserted by No. 9 of 2008 s. 24.]