Singapore legislation

Section 20

of Public Trustee Act 1915

Section 20

Mode of action of Public Trustee

(1)

The Public Trustee and his or her officers must not act under this Act for reward, except as provided by this Act.

(2)

The Public Trustee may, subject to the rules made under this Act, employ for the purposes of any trust such solicitors, bankers, accountants and brokers, or other persons as he or she considers necessary.

(3)

In determining the persons to be so employed in relation to any trust the Public Trustee must have regard to the interests of the trust, but subject to this must, whenever practicable, take into consideration the wishes of the creator of the trust and of the other trustees (if any), and of the beneficiaries, either expressed or as implied by the practice of the creator of the trust, or in the previous management of the trust.

(4)

Any prescribed person may, on behalf of the Public Trustee, take any oath, make any declaration, verify any account, give personal attendance at any court or place, and do any act or thing which the Public Trustee is required or authorised to take, make, verify, give or do.

(5)

Where any bond or security would be required from a private person upon the grant of administration to that person, or upon that person’s appointment to act in any capacity, the Public Trustee, if administration is granted to him or her or if he or she is appointed to act in that capacity, is not required to give such bond or security, but is subject to the same liabilities and duties as if he or she had given such bond or security.

(6)

The entry of the Public Trustee by that name in the books of a company does not constitute notice of a trust, and —

(a)

a company is not entitled to object to the name of the Public Trustee being entered in its books by reason only that the Public Trustee is a corporation; and

(b)

in dealings with property, the fact that the person or one of the persons dealt with is the Public Trustee does not of itself constitute notice of a trust.