New South Wales Consolidated Acts

PUBLIC TRUSTEE ACT 1913

- As at 1 March 2008
- Act 19 of 1913

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act, construction and commencement
   2.      (Repealed)
   3.      Repeal
   4.      Office of curator abolished
   4A.     Definitions

   PART 2 - THE PUBLIC TRUSTEE

   5.      Office of Public Trustee
   6.      Deputy Public Trustees
   7.      Public Trustee a corporation sole
   8.      (Repealed)
   9.      Fees charged
   10.     Appointment of agents
   11.     Property vested and powers transferred

   PART 3 - POWERS, DUTIES, AND IMMUNITIES OF PUBLIC TRUSTEE

           Division 1 - General

   12.     General powers and duties

           Division 2 - Public Trustee as trustee

   13.     Appointment under wills and settlements
           14, 15. (Repealed)
   16.     Vesting of trust property
   17.     Where consent to appointment refused

           Division 3 - Public Trustee as executor or administrator

   18.     Grant of probate or administration to Public Trustee
   18A.    Election by Public Trustee to administer

           Division 4 - Public Trustee as collector under an order to collect

           19-22. (Repealed)
   23.     When there is reasonable ground to believe that any person has died intestate leaving property in the jurisdiction, the Public Trustee may obtain order to administer without strict proof of death
           24, 25. (Repealed)
   26.     Consular officers in New South Wales to receive residue for residents in foreign countries
           27-33. (Repealed)

           Division 5 - Special powers of Public Trustee

   34.     Maintenance etc of minor or incapable person
   34A.    Small estates
   34B.    Dispute by Public Trustee of any claim
   34C.    Payment of money without grant of administration
   35.     General powers of Public Trustee
   35A.    Public Trustee not required to file accounts

           Division 6 - Investments

   36.     Manner of investment
   36A.    Common fund
   36B.    Estates Guarantee and Reserve Account
   36C.    Surplus income from common fund
   36D.    (Repealed)
   36E.    Withdrawal from the common fund
   36F.    Power to make advances
   36G.    Investment in common fund of money paid into court
   37.     Liability of Consolidated Fund

           Division 7 - Accounts

   38.     Moneys in Public Trustee’s account to be Crown property
           39-41. (Repealed)
   42.     Payments to Public Trustee’s account

           Division 8 - Shares and stock

   43.     Shares and stock

           Division 9 - Entitlement to costs in certain cases

   43A.    Application in respect of will
   43B.    Application on intestacy

           Division 10 - Protection to Public Trustee

   44.     Certain acts of Public Trustee taken to be bona fide
   45.     Protection from personal liability for certain acts
   46.     Protection from personal liability in respect of certain goods
   47.     Proceeds of sale of goods of third person
   48.     Remedy against Public Trustee

   PART 4 - MISCELLANEOUS

   49.     No bond by Public Trustee
   50.     Certificate of Public Trustee evidence
   51.     Service of orders on Public Trustee
   52.     Escheat
           53-53D. (Repealed)
   54.     Disclosure of property to Public Trustee
   55.     Reciprocity where deceased domiciled in other States or New Zealand
   56.     Where deceased domiciled in New South Wales and administration granted in other States or New Zealand
   57.     Australian legal practitioner, accountant etc conducting business of estate
   58.     Stamp duty
   59.     Regulations
   60.     (Repealed)
           Schedule - Enactments of Principal Act repealed by this Act