New South Wales Consolidated Regulations

NSW TRUSTEE AND GUARDIAN REGULATION 2017

- Made under the NSW Trustee and Guardian Act 2009
- As at 28 July 2023
- Reg 446 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definition

   PART 2 - COSTS

           Division 1 - Interpretation

   4.      Definitions

           Division 2 - Costs--trustee matters and managed estates

   5.      Application of Division
   6.      Administration account and audit fee
   7.      Fee for investment planning
   8.      Taxation returns
   9.      Real estate inspections and valuations
   10.     Costs for legal advice and proceedings
   11.     Fee for management of common fund
   12.     General power to charge for services

           Division 3 - Costs--trustee matters only

   13.     Application of Division
   14.     Dealings affecting shares in an estate
   15.     Work done if representation not subsequently obtained
   16.     Attempted realisation of assets
   17.     Fees incidental to exercise of power of sale
   18.     Carrying on business
   19.     Remuneration of registrars of Local Court
   20.     Fees for trust establishment and administration of trust
   21.     Fees for estate establishment and administration of estate
   22.     Locating beneficiaries
   23.     Execution of documents
   24.     Production of documents
   25.     Search of records

           Division 4 - Costs--managed estates only

   26.     Fees payable to NSW Trustee--direct management
   27.     Fees payable to NSW Trustee--private management

           Division 5 - Other costs

   28.     Fees for drafting wills, powers of attorney and enduring guardianship appointments
   29.     Attendance fees
   30.     Fee where NSW Trustee acts as attorney or agent

           Division 6 - Miscellaneous

   31.     Costs cumulative
   32.     Amount of costs to be determined by NSW Trustee
   33.     Deduction of costs etc from fund
   34.     GST may be added to costs

   PART 3 - OTHER MATTERS RELATING TO DECEASED ESTATES

   35.     Index of wills
   36.     Small estates etc
   37.     Notices and elections to administer small estates
   38.     Notice of administration of certain small estates
   39.     Reciprocal arrangement for intestacy

   PART 4 - OTHER MATTERS RELATING TO MANAGED ESTATES

   40.     Interpretation
   41.     Information relating to mental health inquiry
   42.     Form of order or interim order that estate be managed under the Act
   43.     Medical superintendent to notify NSW Trustee of certain orders
   44.     Medical superintendent to notify NSW Trustee of certain events
   45.     Review by NCAT of estate management decisions of NSW Trustee
   46.     Copies of wills
   47.     Information that managed missing person is alive
   48.     Maximum amount to be paid to beneficiary or other person
   49.     Reciprocal arrangement for interstate protected person

   PART 5 - MISCELLANEOUS

   50.     Savings
           SCHEDULE 1
           SCHEDULE 2