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Matters to be considered by Public Trustee in deciding whether to give consent

Public Trustee Rules

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—(1) 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:(a)the gross value of the trust property;(b)the mode of investment and the nature and condition of the trust property;(c)the situation, tenure and character of any land comprised in the trust property;(d)any liabilities attached to the trust property;(e)any liabilities incurred by a former or an existing trustee (if any) in the administration of the trust;(f)the duties imposed by or incidental to the office of the trustee;(g)the identities and addresses of the beneficiaries under the trust, including any residuary or reversionary beneficiary;(h)the financial circumstances of the beneficiaries under the trust, including any residuary or reversionary beneficiary;(i)the state of health and the education level of the beneficiaries under the trust, including any residuary or reversionary beneficiary;(j)the ability of the former or existing trustees (if any) to identify and locate all the beneficiaries under the trust, including any residuary or reversionary beneficiary;(k)whether there exists any person able to accept the appointment instead of the Public Trustee;(l)the duration or expected duration of the trust;(m)all relevant circumstances of the case.

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