Public Trustee Act 1915

Public Trustee Act 1915

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to provide for the appointment of a Public Trustee.

[1 July 1935]

Short title

1.  This Act is the Public Trustee Act 1915.

Interpretation

2.  In this Act, unless there is something repugnant in the subject or context —

“Board” means the Investment Board mentioned in section 13;

“Common Fund” means the Common Fund mentioned in section 10;

“expenses” includes costs and charges;

“letters of administration” means letters of administration of the estate and effects of a deceased person, whether general or with a will annexed, or limited either in time or otherwise;

“private trustee” means a trustee other than the Public Trustee;

“Reserve Fund” means the fund established under section 15A;

“trust” includes an executorship or administratorship, and “trustee” is to be construed accordingly;

“trust property” includes all property in the possession or under the control wholly or partly of the Public Trustee by virtue of any trust.

[44/2014]

Establishment of Public Trustee

Minister to appoint Public Trustee

3.—(1)  The Minister may appoint a fit person to the office of Public Trustee, who is to hold office during the Minister’s pleasure, and receive such salary or fees, and be appointed on such terms, as the Minister determines.

[7/1997]

(2)  The Minister may appoint such fit and proper persons to be Deputy Public Trustees, Assistant Public Trustees and other officers of the Public Trustee as the Minister considers necessary for the purposes of this Act.

[44/2014]

(3)  The Deputy Public Trustees, Assistant Public Trustees and other officers of the Public Trustee are to hold office on such terms as the Minister may determine.

[44/2014]

(4)  Any reference in this Act or in any other written law to officer or officers of the Public Trustee includes a reference to a Deputy Public Trustee and an Assistant Public Trustee.

[44/2014]

Corporation sole

(5)  The Public Trustee is a corporation sole under that name, with perpetual succession and an official seal, and may sue and be sued under the above name like any other corporation sole.

Remuneration

(6)  The salary or remuneration of the Public Trustee and the officers of the Public Trustee and such other expenses of executing the office of the Public Trustee or otherwise carrying this Act into effect as are sanctioned by the Minister are to be paid out of the Consolidated Fund.

[7/1997]

(7)  The Public Trustee and every officer of the Public Trustee is declared to be a public servant within the meaning of the Penal Code 1871.