{"id":"nsw:sl-2017-0446","name":"NSW Trustee and Guardian Regulation 2017","slug":"nsw-trustee-and-guardian-regulation-2017","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"446 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176736,"registerId":"nsw-nsw:sl-2017-0446-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [NSW Trustee and Guardian Regulation 2017](/view/html/inforce/current/sl-2017-0446).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [NSW Trustee and Guardian Regulation 2008](/view/html/repealed/current/sl-2008-0364), which is repealed on 1 September 2017 by section 10 (2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > fee unit—see Schedule 3.\n> > \n> > the Act means the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.\n> \n> **cl 3:** Am 2025 (124), Sch 1\\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Costs","content":"# Part 2 Costs\n\nPart 2 Costs","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Interpretation","content":"## Division 1 Interpretation\n\nDivision 1 Interpretation","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> In this Part—\n> \n> estate includes trust or fund.\n> \n> GST has the same meaning as in the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> trustee includes an administrator or executor or any other person acting in a similar fiduciary capacity.\n> \n> value means—\n> \n> > (a) in relation to a managed person’s estate (other than a managed missing person), the gross amount of the value of the assets (whether real or personal) of the estate without deduction of debts or liabilities secured or unsecured, but does not include the value of the person’s principal place of residence, or\n> \n> > (b) in relation to a managed missing person’s estate, the gross amount of the value of the assets (whether real or personal) of the estate without deduction of debts or liabilities secured or unsecured, but does not include the value of the person’s last known principal place of residence.\n> \n> Note.\n> \n> Costs is defined in the Act to include fees, charges, commission, disbursements, expenses and remuneration.","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Costs—trustee matters and managed estates","content":"## Division 2 Costs—trustee matters and managed estates\n\nDivision 2 Costs—trustee matters and managed estates","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Application of Division","content":"#### 5 Application of Division\n\n5 Application of Division\n\n> This Division applies when NSW Trustee has been appointed to and acts in any capacity referred to in section 11 (1) or (2) of the Act.\n> \n> Note.\n> \n> Section 11 (1) of the Act refers to NSW Trustee acting as trustee, executor or administrator, collector of estates, agent or attorney, guardian or receiver of the estate of a minor or receiver of any other property. Section 11 (2) of the Act refers to NSW Trustee acting in the capacity of a financial manager of the estate of a managed person.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Administration account and audit fee","content":"#### 6 Administration account and audit fee\n\n6 Administration account and audit fee\n\n> NSW Trustee may, on a monthly basis, charge to an estate an administration account and audit fee (not exceeding 0.1 fee units) on each account kept by NSW Trustee in respect of the estate.\n> \n> **cl 6:** Am 2025 (124), Sch 1\\[3\\].","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Fee for advice about financial matters—the Act, s 111","content":"#### 7 Fee for advice about financial matters—the Act, s 111\n\n7 Fee for advice about financial matters—the Act, s 111\n\n> > (1) NSW Trustee may charge to an estate or a person a reasonable fee for preparing or providing advice about financial matters.\n> \n> > (2) The fee must not be more than 2.75 fee units per hour.\n> \n> **cl 7:** Subst 2025 (124), Sch 1\\[4\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Taxation returns","content":"#### 8 Taxation returns\n\n8 Taxation returns\n\n> NSW Trustee may charge to an estate the following fees (being fees that NSW Trustee determines to be appropriate) if returns are required in respect of the estate by any authority of the Commonwealth or of this or any other State or Territory for the purpose of assessment of any tax or duty—\n> \n> > (a) an investigation fee,\n> \n> > (b) an additional fee for each return lodged.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Real estate inspections and valuations","content":"#### 9 Real estate inspections and valuations\n\n9 Real estate inspections and valuations\n\n> NSW Trustee may charge to an estate the following fees in respect of an asset of the estate that is real estate—\n> \n> > (a) a reasonable fee (not exceeding 1.5 fee units per hour) for any inspection, valuation or report,\n> \n> > (b) a reasonable fee (not exceeding 1.5 fee units per hour) for preparation of specifications for repairs or renovations to any building or work,\n> \n> > (c) a reasonable fee (not exceeding 1.16 fee units per hour) for a second or subsequent inspection (including a report arising from the inspection) on the progress of any such repairs or renovations.\n> \n> **cl 9:** Am 2025 (124), Sch 1\\[5\\] \\[6\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Costs for legal advice and proceedings","content":"#### 10 Costs for legal advice and proceedings\n\n10 Costs for legal advice and proceedings\n\n> > (1) NSW Trustee may charge to an estate a fee (or any other cost) for legal advice provided, or legal proceedings conducted, by NSW Trustee in connection with that estate.\n> \n> > (2) The costs may be charged on a for profit basis.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Fee for management of common fund","content":"#### 11 Fee for management of common fund\n\n11 Fee for management of common fund\n\n> > (1) NSW Trustee may charge to an estate a fee—\n> > \n> > > (a) for managing an investment for a managed person in a common fund, or\n> > \n> > > (b) in any other case—for the work done and services rendered in establishing, keeping (including the keeping of books of account) and conduct of a common fund in respect of matters to which this Part applies.\n> \n> > (2) The fee is to be calculated at a rate not exceeding—\n> > \n> > > (a) in respect of the management of estates of managed persons—0.35% per annum of the value of the investment, or\n> > \n> > > (b) in any other case—0.35% per annum on the capital sums invested in the common fund in respect of matters to which this Part applies during the period in which the work is done or the services rendered.\n> \n> **cl 11:** Am 2021 (767), Sch 1\\[1\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"General power to charge for services","content":"#### 12 General power to charge for services\n\n12 General power to charge for services\n\n> NSW Trustee may charge to an estate a fee (or any other cost) for any service or matter not otherwise mentioned in this Regulation, being such amount as is agreed on or (in the absence of an agreement) as NSW Trustee determines to be just and reasonable.","sortOrder":15},{"sectionNumber":"Division 3","sectionType":"division","heading":"Costs—trustee matters only","content":"## Division 3 Costs—trustee matters only\n\nDivision 3 Costs—trustee matters only","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Application of Division","content":"#### 13 Application of Division\n\n13 Application of Division\n\n> This Division applies when NSW Trustee has been appointed to and acts in any capacity referred to in section 11 (1) of the Act.\n> \n> Note.\n> \n> Section 11 (1) of the Act refers to NSW Trustee acting as trustee, executor or administrator, collector of estates, agent or attorney, guardian or receiver of the estate of a minor or receiver of any other property.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Dealings affecting shares in an estate","content":"#### 14 Dealings affecting shares in an estate\n\n14 Dealings affecting shares in an estate\n\n> > (1) NSW Trustee may charge a fee (not exceeding 0.68 fee units) for the notation and recording of the assignment or mortgage of, or of any dealing affecting, a beneficiary’s share in an estate.\n> \n> > (2) Any such fee is payable from the share of the beneficiary concerned.\n> \n> **cl 14:** Am 2025 (124), Sch 1\\[7\\].","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Work done if representation not subsequently obtained","content":"#### 15 Work done if representation not subsequently obtained\n\n15 Work done if representation not subsequently obtained\n\n> NSW Trustee may charge to an estate a fee (not exceeding 4.5 fee units) for the work involved in taking steps incidental to NSW Trustee’s duties for the purpose of obtaining representation in the estate if NSW Trustee does not subsequently obtain representation.\n> \n> **cl 15:** Am 2025 (124), Sch 1\\[8\\].","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Attempted realisation of assets","content":"#### 16 Attempted realisation of assets\n\n16 Attempted realisation of assets\n\n> NSW Trustee may charge to an estate a fee (not exceeding 3 fee units) for the work involved in attempting to realise an asset in the estate if—\n> \n> > (a) NSW Trustee made the attempt at the request of a beneficiary, and\n> \n> > (b) the asset is subsequently transferred or delivered unconverted into money to the beneficiary.\n> \n> **cl 16:** Am 2025 (124), Sch 1\\[9\\].","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Fees incidental to exercise of power of sale","content":"#### 17 Fees incidental to exercise of power of sale\n\n17 Fees incidental to exercise of power of sale\n\n> > (1) NSW Trustee may charge to an estate a fee if NSW Trustee is authorised by an order of a court to sell land forming part of the estate (unless the court directs otherwise).\n> \n> > (2) If the land is sold, the fee is not to exceed—\n> > \n> > > (a) 4% on the first $100,000, and\n> > \n> > > (b) 3% on the next $100,000, and\n> > \n> > > (c) 2% on the next $100,000, and\n> > \n> > > (d) 1% on any amount exceeding $300,000.\n> \n> > (3) If the land is not sold, the fee is not to exceed 4.5 fee units.\n> \n> **cl 17:** Am 2025 (124), Sch 1\\[10\\].","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Carrying on business","content":"#### 18 Carrying on business\n\n18 Carrying on business\n\n> NSW Trustee may charge to an estate, for carrying on a business, a fee that NSW Trustee considers just and reasonable having regard to the work involved if NSW Trustee finds it necessary to carry on the business in connection with NSW Trustee’s administration of the estate.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Remuneration of registrars of Local Court","content":"#### 19 Remuneration of registrars of Local Court\n\n19 Remuneration of registrars of Local Court\n\n> NSW Trustee may charge to an estate a fee that NSW Trustee considers just and reasonable to cover the remuneration payable to a Local Court registrar who has been appointed by NSW Trustee to act as agent of NSW Trustee in respect of the administration of the estate.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Fees for trust administration—the Act, s 111","content":"#### 20 Fees for trust administration—the Act, s 111\n\n20 Fees for trust administration—the Act, s 111\n\n> > (1) This clause applies to a trust for which NSW Trustee acts as trustee, either solely or jointly with another person.\n> \n> > (2) NSW Trustee may charge to the trust a fee for the administration of the trust that is—\n> > \n> > > (a) payable once only in relation to the assets of the trust, and\n> > \n> > > (b) calculated as follows, based on the value of the assets—\n> > > \n> > > > (i) 3.5% on the first $100,000,\n> > > \n> > > > (ii) 2.5% on the next $100,000,\n> > > \n> > > > (iii) 1.5% on the next $100,000,\n> > > \n> > > > (iv) 0.5% on an amount over $300,000.\n> \n> > (3) NSW Trustee may also charge to the trust an annual fee for the administration of the trust that is—\n> > \n> > > (a) calculated as 0.7% of the value, at the time the fee is calculated, of the assets of the trust, and\n> > \n> > > (b) payable from—\n> > > \n> > > > (i) the corpus or capital of the trust property, or\n> > > \n> > > > (ii) the income of the trust property, or\n> > > \n> > > > (iii) both the corpus or capital and the income of the trust property.\n> \n> > (4) NSW Trustee may also charge to the trust a reasonable fee for administration of the trust that NSW Trustee considers not part of the ordinary administration of the trust.\n> > \n> > Example of administration that is not part of ordinary administration—\n> > \n> > arranging or managing non-routine maintenance, repair, construction or development of trust property\n> \n> > (5) For subclause (4), the fee must not be more than 2.75 fee units per hour.\n> \n> **cl 20:** Subst 2025 (124), Sch 1\\[11\\].","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Fees for estate administration—the Act, s 111","content":"#### 21 Fees for estate administration—the Act, s 111\n\n21 Fees for estate administration—the Act, s 111\n\n> > (1) This clause applies to an estate for which NSW Trustee acts as executor or administrator, either solely or jointly with another person.\n> \n> > (2) NSW Trustee may charge to the estate a fee for the administration of the estate that is—\n> > \n> > > (a) payable once only in relation to the assets of the estate, and\n> > \n> > > (b) calculated as follows, based on the value of the assets—\n> > > \n> > > > (i) 4% on the first $300,000,\n> > > \n> > > > (ii) 3.5% on the next $300,000,\n> > > \n> > > > (iii) 2.5% on the next $150,000,\n> > > \n> > > > (iv) 1.5% on an amount over $750,000.\n> \n> > (3) For subclause (2), if the fee calculated is less than 5 fee units, NSW Trustee may instead charge a minimum fee of 5 fee units.\n> \n> > (4) NSW Trustee may also charge to an estate a fee that is—\n> > \n> > > (a) payable from the gross income to which the fee applies, and\n> > \n> > > (b) calculated as—\n> > > \n> > > > (i) 2.5% of rental income collected by a real estate agent for the estate, if the real estate agent has charged a fee for the collection, and\n> > > \n> > > > (ii) 5.25% of other income.\n> \n> **cl 21:** Subst 2025 (124), Sch 1\\[11\\].","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Locating beneficiaries","content":"#### 22 Locating beneficiaries\n\n22 Locating beneficiaries\n\n> > (1) NSW Trustee may charge to an estate, or to the share of an estate in respect of which it is necessary to make inquiries or advertise, a fee that NSW Trustee considers just and reasonable if—\n> > \n> > > (a) the existence or identity of any or all of the persons beneficially entitled to share in an estate or of the next of kin is unknown or is not definitely established, and\n> > \n> > > (b) it is necessary for NSW Trustee to make inquiries or to advertise for the purpose of locating any persons or next of kin.\n> \n> > (2) The amount of the fee is not to exceed 5% of the net value of the estate after payment of original claims.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Execution of documents","content":"#### 23 Execution of documents\n\n23 Execution of documents\n\n> NSW Trustee may (except in respect of an estate administered by NSW Trustee) charge the following fees in respect of the execution of documents—\n> \n> > (a) a fee (not exceeding 0.68 fee units) for executing any assurance of property by direction,\n> \n> > (b) a fee (not exceeding 0.68 fee units) for executing any assurance by way of confirmation,\n> \n> > (c) a fee (not exceeding 0.68 fee units) for executing any necessary consent for a mortgagee to exercise powers in respect of a mortgage.\n> \n> **cl 23:** Am 2025 (124), Sch 1\\[12\\].","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Production of documents","content":"#### 24 Production of documents\n\n24 Production of documents\n\n> NSW Trustee may charge a fee (not exceeding 0.4 fee units) for producing any deeds or documents of title.\n> \n> **cl 24:** Am 2025 (124), Sch 1\\[13\\].","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Search of records","content":"#### 25 Search of records\n\n25 Search of records\n\n> > (1) NSW Trustee may charge a fee for making a search of records held by NSW Trustee in any case in which, in the opinion of NSW Trustee, a fee should be charged because of the time involved or of the nature or volume of the information sought.\n> \n> > (2) The fee is not to exceed 1.5 fee units per hour.\n> \n> **cl 25:** Am 2025 (124), Sch 1\\[14\\].","sortOrder":29},{"sectionNumber":"Division 4","sectionType":"division","heading":"Costs—managed estates only","content":"## Division 4 Costs—managed estates only\n\nDivision 4 Costs—managed estates only","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Fees payable to NSW Trustee—direct management","content":"#### 26 Fees payable to NSW Trustee—direct management\n\n26 Fees payable to NSW Trustee—direct management\n\n> > (1) This clause applies to the estates of managed persons where NSW Trustee is the manager of the estate or part of the estate.\n> \n> > (2) The fees payable to NSW Trustee in respect of the management of estates of managed persons are as follows—\n> > \n> > > (a) for the establishment of the account of the managed person, payable once only—1% of the value of the estate, subject to a minimum fee of 5 fee units being payable, up to a maximum of 30 fee units,\n> > \n> > > (b) for the management of an estate—1.4% of the value of the estate, up to a maximum of 200 fee units, per annum.\n> \n> **cl 26:** Am 2025 (124), Sch 1\\[15\\]–\\[17\\].","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Fees payable to NSW Trustee—private management","content":"#### 27 Fees payable to NSW Trustee—private management\n\n27 Fees payable to NSW Trustee—private management\n\n> > (1) This clause applies to the estates of managed persons where a person other than NSW Trustee has been appointed as the manager of the estate.\n> \n> > (2) The fees payable to NSW Trustee in respect of the management of estates of managed persons are as follows—\n> > \n> > > (a) for the establishment of the account of the managed person, payable once only—6.5 fee units,\n> > \n> > > (b) for filing, examination and passing of accounts—such fee (not exceeding 3.75 fee units) as NSW Trustee may fix.\n> \n> > (3) NSW Trustee must certify to the manager of an estate of a managed person—\n> > \n> > > (a) the amount of the fee payable under subclause (2) (b), and\n> > \n> > > (b) the name of the person who is required to pay the fees payable under subclause (2), and\n> > \n> > > (c) the time within which the fee is to be paid.\n> \n> **cl 27:** Am 2025 (124), Sch 1\\[18\\] \\[19\\].","sortOrder":32},{"sectionNumber":"Division 5","sectionType":"division","heading":"Other costs","content":"## Division 5 Other costs\n\nDivision 5 Other costs","sortOrder":33},{"sectionNumber":"28A","sectionType":"section","heading":"Fees for professional services—the Act, s 111","content":"#### 28A Fees for professional services—the Act, s 111\n\n28A Fees for professional services—the Act, s 111\n\n> > (1) This clause applies to the exercise of a function specified in the Act, section 11(3)–(3B).\n> \n> > (2) NSW Trustee may charge a person a fee, for an amount agreed between the NSW Trustee and the person, for the carrying out of a function to which this clause applies.\n> \n> **cl 28A:** Ins 2025 (124), Sch 1\\[20\\].","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Fees for drafting wills, powers of attorney and enduring guardianship appointments","content":"#### 28 Fees for drafting wills, powers of attorney and enduring guardianship appointments\n\n28 Fees for drafting wills, powers of attorney and enduring guardianship appointments\n\n> > (1) NSW Trustee may charge the following fees for carrying out professional services in connection with—\n> > \n> > > (a) preparing, revising or revoking a will—a maximum of 60 fee units,\n> > \n> > > (b) preparing, revising or revoking an enduring guardianship appointment—3 fee units,\n> > \n> > > (c) preparing, revising or revoking a power of attorney—5 fee units.\n> > \n> > Note—\n> > \n> > The Act, section 111(3) provides the NSW Trustee with a discretion to waive, remit or reduce fees.\n> \n> > (2) NSW Trustee may recover from a person to whom a service under subclause (1) is provided an amount equal to the disbursements made in providing the service.\n> \n> **cl 28:** Subst 2021 (767), Sch 1\\[2\\]; 2025 (124), Sch 1\\[21\\]–\\[23\\].","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Incidental fees","content":"#### 29 Incidental fees\n\n29 Incidental fees\n\n> NSW Trustee may charge to an estate or person requiring any of the following a fee not exceeding—\n> \n> > (a) for searching, stamping, lodging, uplifting, ordering or registering a document, whether outside the offices used by members of staff or by electronic means—0.4 fee units,\n> \n> > (b) for obtaining an exemplification of grant of probate or administration and preparation of a power of attorney for the purpose of collecting assets situated outside New South Wales—0.75 fee units,\n> \n> > (c) for an attendance outside the offices used by members of staff—1.5 fee units.\n> \n> **cl 29:** Am 2025 (124), Sch 1\\[24\\]–\\[27\\].","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Fee where NSW Trustee acts as attorney or agent","content":"#### 30 Fee where NSW Trustee acts as attorney or agent\n\n30 Fee where NSW Trustee acts as attorney or agent\n\n> The fees that are payable to NSW Trustee in any matter in which NSW Trustee is acting as attorney or agent are, in respect of both capital and income, to be as arranged between the principals and NSW Trustee.","sortOrder":37},{"sectionNumber":"Division 6","sectionType":"division","heading":"Miscellaneous","content":"## Division 6 Miscellaneous\n\nDivision 6 Miscellaneous","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Costs cumulative","content":"#### 31 Costs cumulative\n\n31 Costs cumulative\n\n> Any cost payable from an estate under a provision of this Part is additional to any other cost under a provision of this Part, and to any other cost, that is payable from the estate.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Amount of costs to be determined by NSW Trustee","content":"#### 32 Amount of costs to be determined by NSW Trustee\n\n32 Amount of costs to be determined by NSW Trustee\n\n> The amount of any cost payable in any particular case is, subject to this Part, to be determined by NSW Trustee.","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Deduction of costs etc from fund","content":"#### 33 Deduction of costs etc from fund\n\n33 Deduction of costs etc from fund\n\n> NSW Trustee may deduct any cost that is payable under this Part in connection with an estate from any money that belongs to the estate and that is held by NSW Trustee or is under NSW Trustee’s control.","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"GST may be added to costs","content":"#### 34 GST may be added to costs\n\n34 GST may be added to costs\n\n> > (1) NSW Trustee may, in addition to any costs payable under this Part, charge the amount of any GST payable in respect of the service for which the cost is payable.\n> \n> > (2) Subclause (1) does not permit NSW Trustee to charge an amount that is greater than 10% of the maximum amount payable to NSW Trustee apart from that subclause.\n> \n> > (3) This clause has effect despite any other provision of this Part limiting an amount that may be charged by NSW Trustee.","sortOrder":42},{"sectionNumber":"Part 3","sectionType":"part","heading":"Other matters relating to deceased estates","content":"# Part 3 Other matters relating to deceased estates\n\nPart 3 Other matters relating to deceased estates","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Index of wills","content":"#### 35 Index of wills\n\n35 Index of wills\n\n> NSW Trustee is to maintain an index of all wills lodged with NSW Trustee for safe custody.","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Prescribed amounts for deceased estates","content":"#### 36 Prescribed amounts for deceased estates\n\n36 Prescribed amounts for deceased estates\n\n> For the following provisions of the Act, the following amounts are prescribed—\n> \n> > (a) sections 18(1)(a) and 31(1)(a)—$50,000,\n> \n> > (b) sections 26(1)(a) and 27(1)(c)—$150,000,\n> \n> > (c) section 28(1)—$170,000.\n> \n> **cl 36:** Subst 2025 (124), Sch 1\\[28\\].","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Notices and elections to administer small estates","content":"#### 37 Notices and elections to administer small estates\n\n37 Notices and elections to administer small estates\n\n> > (1) A notice of an election under Division 1 of Part 3.2 of the Act must state that the election has been made and may contain any other particulars of the election that NSW Trustee thinks fit.\n> \n> > (2) The notice must be published in the same way as notices are published under rule 93 in Part 78 of the [Supreme Court Rules 1970](/view/html/inforce/current/sl-1970-0001).","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Notice of administration of certain small estates","content":"#### 38 Notice of administration of certain small estates\n\n38 Notice of administration of certain small estates\n\n> NSW Trustee is to give such notice, by advertisement or otherwise as it thinks fit, of its intention to act under section 31 of the Act.","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Reciprocal arrangement for intestacy","content":"#### 39 Reciprocal arrangement for intestacy\n\n39 Reciprocal arrangement for intestacy\n\n> New Zealand is prescribed as a reciprocating State for the purposes of section 35 of the Act.","sortOrder":48},{"sectionNumber":"Part 4","sectionType":"part","heading":"Other matters relating to managed estates","content":"# Part 4 Other matters relating to managed estates\n\nPart 4 Other matters relating to managed estates","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Interpretation","content":"#### 40 Interpretation\n\n40 Interpretation\n\n> Words and expressions used in this Part have the same meaning as they have in the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008).","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Information relating to mental health inquiry","content":"#### 41 Information relating to mental health inquiry\n\n41 Information relating to mental health inquiry\n\n> > (1) For the purposes of section 43 (a) of the Act, the prescribed information to be given is that specified in Part 1 of Schedule 1.\n> \n> > (2) For the purposes of section 43 (b) of the Act, the prescribed information to be given is that specified in Part 2 of Schedule 1.","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Form of order or interim order that estate be managed under the Act","content":"#### 42 Form of order or interim order that estate be managed under the Act\n\n42 Form of order or interim order that estate be managed under the Act\n\n> > (1) The MHRT is to complete a notice of an order or interim order made by the MHRT that the estate of a person be subject to management under the Act.\n> \n> > (2) The notice is to be in the form specified in Schedule 2.","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Medical superintendent to notify NSW Trustee of certain orders","content":"#### 43 Medical superintendent to notify NSW Trustee of certain orders\n\n43 Medical superintendent to notify NSW Trustee of certain orders\n\n> > (1) The medical superintendent of a mental health facility must give written notice to NSW Trustee of the making of an order or interim order by the MHRT to the effect that the estate of a patient be subject to management under the Act.\n> \n> > (2) The medical superintendent must give the written notice within 7 days of the making of any such order and must attach a copy of the order to the notice.","sortOrder":53},{"sectionNumber":"44","sectionType":"section","heading":"Medical superintendent to notify NSW Trustee of certain events","content":"#### 44 Medical superintendent to notify NSW Trustee of certain events\n\n44 Medical superintendent to notify NSW Trustee of certain events\n\n> The medical superintendent of a mental health facility must, as soon as practicable, give written notice to NSW Trustee of the occurrence of any of the following events in respect of a patient who is or was a managed person—\n> \n> > (a) the patient’s discharge from the mental health facility,\n> \n> > (b) the patient’s transfer from the mental health facility,\n> \n> > (c) the patient’s absence with or without leave from the mental health facility,\n> \n> > (d) the patient’s return to the mental health facility from leave,\n> \n> > (e) the patient’s death at the mental health facility.","sortOrder":54},{"sectionNumber":"45","sectionType":"section","heading":"Review by NCAT of estate management decisions of NSW Trustee","content":"#### 45 Review by NCAT of estate management decisions of NSW Trustee\n\n45 Review by NCAT of estate management decisions of NSW Trustee\n\n> All decisions made by NSW Trustee in connection with the exercise of NSW Trustee’s functions under Division 1 of Part 4.5 of the Act are prescribed for the purposes of section 62 (1) (b) of the Act.","sortOrder":55},{"sectionNumber":"46","sectionType":"section","heading":"Copies of wills","content":"#### 46 Copies of wills\n\n46 Copies of wills\n\n> For the purposes of section 80 (1) of the Act, a copy of a will may be certified as a true copy of the will by any person of or over the age of 18 years.","sortOrder":56},{"sectionNumber":"47","sectionType":"section","heading":"Information that managed missing person is alive","content":"#### 47 Information that managed missing person is alive\n\n47 Information that managed missing person is alive\n\n> For the purposes of section 91 (3) of the Act, NSW Trustee may take into account any relevant information provided by the Commissioner of Police for the purposes of being satisfied that a managed missing person is alive.","sortOrder":57},{"sectionNumber":"48","sectionType":"section","heading":"Maximum amount to be paid to beneficiary or other person","content":"#### 48 Maximum amount to be paid to beneficiary or other person\n\n48 Maximum amount to be paid to beneficiary or other person\n\n> For the purposes of section 95 (1) (a) of the Act, the prescribed amount is $50,000.\n> \n> **cl 48:** Am 2025 (124), Sch 1\\[29\\].","sortOrder":58},{"sectionNumber":"49","sectionType":"section","heading":"Reciprocal arrangement for interstate protected person","content":"#### 49 Reciprocal arrangement for interstate protected person\n\n49 Reciprocal arrangement for interstate protected person\n\n> New Zealand is prescribed as a reciprocating State for the purposes of section 81 of the Act.","sortOrder":59},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":60},{"sectionNumber":"50","sectionType":"section","heading":"Savings","content":"#### 50 Savings\n\n50 Savings\n\n> Any act, matter or thing that, immediately before the repeal of the [NSW Trustee and Guardian Regulation 2008](/view/html/repealed/current/sl-2008-0364), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":61},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Information required to be given","content":"# Schedule 1 Information required to be given\n\nSchedule 1 Information required to be given\n\n(Clause 41)","sortOrder":62},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Notice of order or interim order for management","content":"# Schedule 2 Notice of order or interim order for management\n\nSchedule 2 Notice of order or interim order for management\n\n(Clause 42 (2))\n\nAn order\\*/interim order\\* has been made today that the estate of \\[*name*\\] be subject to management under the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049).\n\nDate\n\n  \n\\[*Signatures and names of Members of Mental Health Review Tribunal*\\]\n\n\\[*\\* Delete if inapplicable*\\]","sortOrder":65},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Calculation of fee units","content":"# Schedule 3 Calculation of fee units\n\nSchedule 3 Calculation of fee units\n\nclause 3(1), definition of “fee unit”\n\n**sch 3:** Ins 2025 (124), Sch 1\\[30\\].","sortOrder":66}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Regulation replaces the 2008 Regulation (Commencement note, cl 2) and includes multiple enacted amendments (see amendment notes in cl 3 and across clauses) that revise fee amounts, add new clauses (e.g. professional services cl 28A) and introduce CPI-indexed \"fee units\" (Schedule 3). Mechanically, scope shifted from the earlier instrument by updating prescribed monetary amounts, adding indexation and tweaking charging rules and record/notification obligations; those changes alter fee calculation, timing and administrative duties."},"complexity_factors":["Large catalogue of distinct fees and rate structures across functions (e.g. estate administration tiers at cl 21; trust administration at cl 20; sale-of-land percentages at cl 17; managed-estate fees at cl 26–27).","Multiple ceilings, minimums and per-hour caps that vary by activity (e.g. advice cap cl 7; inspection caps cl 9; search cap cl 25).","Discretion to determine amounts and to charge for unspecified services (cl 12 and cl 32) creates case-by-case variability and administrative discretion.","Cumulative charging rule (cl 31) allows several fees to be applied together, increasing aggregation complexity.","Indexation and annual recalculation of the fee unit through a CPI formula with rounding rules (Schedule 3, cls 2–3) requires ongoing calculation and public notice (Schedule 3 cl 4).","GST overlay with a statutory cap on GST additions (cl 34) alters total payable and interacts with existing maxima.","Operational obligations and compliance points outside pure fees—notification by medical superintendents within 7 days (cl 43), ongoing event notices (cl 44), MHRT form requirements (cl 42) and will indexing (cl 35) add procedural duties for third parties.","Payment and recovery mechanics: deduction from estate funds (cl 33), fees payable from specific shares (cl 14), and minimum fee floors (cl 21(3)) affect who ultimately bears costs and timing of payments.","Amendment history recorded in-text (numerous 'Am 2025' and 'Subst 2025' notes) increases interpretive work to identify current versus prior rules (see cl 3 note and multiple clause notes).","Interplay with the principal Act and external laws (references to the Act, GST Act and Mental Health Act) requires cross-referencing to determine applicability and definitions (see cl 3, cl 4 and cl 40)."],"plain_english_summary":"This Regulation sets out the fees, charging rules and administrative procedures NSW Trustee and Guardian may use when acting for estates, trusts and managed persons. It prescribes specific rates, caps and indexing of a \"fee unit\", who pays (estates, beneficiaries or individuals receiving services), the power to deduct fees from estate funds, and notification/recording duties for mental health facilities and tribunals. It matters because it determines the cost, timing and administrative discretion that affect executors, beneficiaries, managed persons, private managers and hospitals."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the regulation's scope has materially changed from its original intent. The three versions (2017, 2022, 2025) suggest periodic administrative updates consistent with routine regulatory maintenance rather than any expansion or contraction of purpose. The regulation appears to have remained focused on its original function of supporting the NSW Trustee and Guardian's operational and administrative framework."},"complexity_factors":["The document provided contains almost no substantive legislative content — it is primarily website navigation and metadata, making meaningful legal analysis very limited","The underlying subject matter (trustee and guardianship administration) can involve complex legal relationships, particularly where vulnerable persons' rights and financial interests intersect","The regulation operates subordinately to the NSW Trustee and Guardian Act 2009, meaning full understanding requires cross-referencing the parent Act","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer that may affect reliance on the regulation","Fee structures and administrative procedures (likely contents) can have practical complexity for laypeople navigating the system"],"plain_english_summary":"The regulation sets out practical rules supporting the NSW Trustee and Guardian’s management of finances, estates and personal decisions for people who lack capacity — covering fees, trust and estate administration and day‑to‑day operations. It affects people under guardianship or financial management, their families and carers, beneficiaries, and professionals who work with the agency.\n\nImportant: the regulation is scheduled for automatic repeal on 1 September 2026 unless replaced, so watch for a successor instrument."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose of setting fees and administrative procedures for the NSW Trustee and Guardian. The 2025 amendments updated fee amounts and added a new clause (28A) for professional services, but these are routine updates rather than scope expansion."},"complexity_factors":["Multiple fee calculation methods: percentage-based fees (tiered by value), fixed fee units, hourly rates, and 'just and reasonable' discretionary fees","Extensive cross-referencing to the NSW Trustee and Guardian Act 2009 and Mental Health Act 2007","Conditional application: Different Divisions apply depending on whether NSW Trustee is acting as trustee/executor, financial manager for a 'managed person', or attorney/agent","Mathematical indexing formula in Schedule 3 for automatic annual fee adjustments based on CPI","Nested definitions: 'Value' of an estate is defined differently for managed persons versus managed missing persons (excluding principal place of residence)","Multiple amendments noted throughout (2021 and 2025), indicating evolving fee structures"],"plain_english_summary":"This Regulation sets out the fees and administrative rules for the NSW Trustee and Guardian, a government body that manages money and property for people who can't do it themselves.\n\n**What it does:**\n- **Sets fees for services**: The Regulation lists exactly how much NSW Trustee can charge for different jobs, such as managing someone's estate after they die, managing the finances of a person with a mental health condition who can't manage their own affairs, preparing wills, and handling trusts.\n- **Uses \"fee units\"**: Instead of fixed dollar amounts, most fees are calculated in \"fee units\" (currently $100 per unit) which automatically adjust for inflation each year based on the Consumer Price Index.\n- **Covers two main situations**:\n  - **Deceased estates**: When someone dies and NSW Trustee acts as executor or administrator of their will or estate.\n  - **Managed estates**: When NSW Trustee is appointed to manage the finances of a living person who lacks capacity (often due to mental illness), either directly or by supervising a private manager.\n\n**Who it affects:**\n- People whose estates are being managed by NSW Trustee (either because they have died or because they lack decision-making capacity).\n- Beneficiaries of estates and trusts.\n- People preparing wills, powers of attorney, or enduring guardianship appointments through NSW Trustee.\n- Mental health facilities and the Mental Health Review Tribunal, which must notify NSW Trustee of certain orders and events.\n\n**Why it matters:**\nThis Regulation ensures transparency about what NSW Trustee can charge vulnerable people and their families. It protects people from being overcharged by capping fees (for example, maximum percentages for managing large estates) and provides a mechanism for fees to keep pace with inflation without needing new laws every year. It also establishes procedures for protecting the rights of people with mental health conditions whose finances are being managed."}},"importantCases":[],"_links":{"self":"/api/acts/nsw-trustee-and-guardian-regulation-2017","history":"/api/acts/nsw-trustee-and-guardian-regulation-2017/history","analysis":"/api/acts/nsw-trustee-and-guardian-regulation-2017/analysis","conflicts":"/api/acts/nsw-trustee-and-guardian-regulation-2017/conflicts","importantCases":"/api/acts/nsw-trustee-and-guardian-regulation-2017/important-cases","documents":"/api/acts/nsw-trustee-and-guardian-regulation-2017/documents"}}