Public Trustee Rules

An application for the consent of the Public Trustee under section 7(4) or 8(4) or (8) of the Act to act as trustee or co-trustee must be made in such manner as the Public Trustee may require.

An application under paragraph (1) must be accompanied by the following documents and information:

The Public Trustee may require the production of any other document or information relating to the trust which the Public Trustee may consider desirable to obtain in any particular case.

The written consent of the Public Trustee under section 7(4) or 8(4) or (8) of the Act is to be given under the Public Trustee’s official seal.

The Public Trustee may consider one or more of the following factors in deciding whether to give the written consent required under section 7(4) or 8(4) or (8) of the Act:

If it is not proved to the satisfaction of the Public Trustee that the gross capital value of the estate is less than $5,000, or if it does not appear to him that the persons beneficially entitled are persons of small means, or if he sees any other good reason for refusing the application, he shall refuse the application, and shall forthwith give notice to the applicant of such refusal.

In any other case the Public Trustee shall make in respect of the estate the declaration mentioned in section 6(2) of the Act and shall give notice to the applicant that the application is accepted, and shall take such other steps as may be necessary or proper to enable him to administer the estate; and any person having the custody of the probate or letters of administration, or other document relating to the estate shall, upon the request in writing of the Public Trustee, deliver the same to him, or as he shall direct.

A refusal under this rule shall not prevent the Public Trustee from exercising with respect to the estate any powers (other than the powers under section 6 of the Act) exerciseable by him with respect thereto under the Act or these Rules, if duly appointed to exercise those powers.

The Public Trustee may, in the manner hereinafter provided and without judicial proceedings, take the opinion of the Court upon any question arising in the course of an administration.

Any such question shall be submitted to the Judge in such manner and at such time as he may direct, and shall be accompanied by such statement of facts, documents and other information as he may require, and the Public Trustee shall, if the Judge so desires, attend upon him at such time and place as the Judge may appoint.

The Judge may, before giving his opinion, require the attendance of, or communicate with any person interested in the estate as trustee or beneficiary, but no such person shall have a right to be heard by the Judge unless he so directs.

The Judge shall give his opinion to the Public Trustee, and the Public Trustee shall act in accordance with that opinion, and shall upon the request in writing of any such interested person communicate to him the effect of that opinion.

Separate accounts shall be kept for every trust or estate.

A separate account shall be kept of the capital of the trust property and of the mode in which it is from time to time invested, and all dealings with the capital shall be entered in that account.

A separate account shall be kept of the income of the trust property (if received by the Public Trustee) and of the mode in which it is from time to time dealt with by the Public Trustee.

The income of the trust property may be paid to the person for the time being entitled to receive the income either through a bank or direct (and where the person is a married woman may be so paid notwithstanding any restraint on anticipation).

Where authority is given to any corporation or bank to pay any income to any person, the books of that corporation or bank showing the payment of that income in accordance with the authority shall be a sufficient discharge to the Public Trustee.

Where authority is given to any person to pay any income to the bank of the person entitled, the certificate of that bank stating the receipt of that income shall be a sufficient discharge to the Public Trustee.

Where any person is solely entitled to receive any income, the Public Trustee may, on the request in writing of that person, and notwithstanding any restraint on anticipation, authorise that person, for such period as the Public Trustee may think fit, to collect or arrange for the collection of the income. During the continuance of any such authority such request in writing shall be a sufficient discharge to the Public Trustee in respect of the income, so long as that person remains solely entitled to receive the income.

Upon an application in writing by or with the authority of any person interested in the trust property, the Public Trustee —

Subject to paragraph (1), the Public Trustee shall observe strict secrecy in respect of every trust or estate in the course of administration by him.

Upon receiving any such application the Public Trustee may in his discretion by notice to the applicant require that before a day to be specified in the notice such security (by deposit of a sum of money) as he shall consider sufficient shall be given to him by the applicant for the payment of any expenses of the investigation and audit which may be ordered by the Public Trustee to be paid by the applicant personally.

Where any such requirement is made, no further proceedings shall be taken upon the application until the security has been given and if the security is not given before the day specified in the notice the application shall be disallowed unless under special circumstances the Public Trustee thinks fit to extend the time for giving the security or to dispense therewith.

Any sum so deposited shall be kept by the Public Trustee on deposit in his name and to a separate account at a bank until all proceedings in connection with the investigation and audit have been concluded, and thereupon the deposited sum and the interest (if any) allowed thereon by the bank shall be applied in or towards payment of any expenses of the investigation and audit which may be so ordered to be paid by the applicant personally and the balance (if any) shall be paid to the applicant.

Where any investigation or audit has been made, copies of the report and certificate of the auditor under section 22(4) of the Act and such copies of accounts and other documents as the Public Trustee may require shall be forwarded to him by the auditor and shall be considered by the Public Trustee before giving any direction under section 22 (7) or making any order under section 22(8) of the Act.

The expenses of making and forwarding any such copies and the fee of the Public Trustee (within the limits prescribed by or in pursuance of any order relating to the fees of the Public Trustee for the time being in force) shall for the purpose of section 22(7) and (8) of the Act be part of the expenses of the investigation and audit.

Before making any order under section 22(8) of the Act, the Public Trustee shall, if any of the parties interested so desires, hear the parties in such manner as he may think fit.

Any such order shall specify the person by or to whom any sum is to be paid and the amount of such sum provided that such an order may direct payment of the assessed costs of any solicitor employed in connection with the investigation and audit, and the costs shall be assessed by the Registrar of the Supreme Court, and the amount of the costs when assessed shall be paid as if the amount had been specified in the order.

The Public Trustee may apply to the Court under the Rules of Court 2021 (G.N. No. S 914/2021) to enforce any such order.

Any notice or application required to be given or made for the purposes of the Act or these Rules to the Public Trustee may be addressed to the Public Trustee at his office.

Any notice or application required to be given or made for the purpose of the Act or these Rules to any person other than the Public Trustee may be addressed to that person at his last known place of abode or place of business.

Any such notice or application may be delivered at the place to which it is addressed or may be served by post.

In cases where the moneys of a trust normally kept in current account at a bank are sufficient to earn bank interest, the Public Trustee shall, and in other cases may, cause a separate banking account to be kept in respect of that trust.

In respect of trusts not dealt with under paragraph (1), the Public Trustee shall cause to be kept one general banking account.

Interest allowed by the bank on daily bank balances of the general banking account kept under paragraph (2) shall be credited to the Consolidated Fund.