Part 1 Preliminary

Part 1 Preliminary

1 Name of regulation

1 Name of regulation

This regulation is the NSW Trustee and Guardian Regulation 2026.

2 Commencement

2 Commencement

This regulation commences on 1 September 2026.

Note—

This regulation replaces the NSW Trustee and Guardian Regulation 2017, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

3 Definitions

In this regulation—

CPI number, for Schedule 2—see Schedule 2, section 1.

estate, for Part 2—see section 4.

fee unit—see Schedule 2, section 2.

financial year, for Schedule 2—see Schedule 2, section 1.

the Act means the NSW Trustee and Guardian Act 2009.

trustee, for Part 2—see section 4.

value, for Part 2—see section 4.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2 Fees

Part 2 Fees

Division 1 Interpretation

Division 1 Interpretation

4 Definitions

4 Definitions

In this part—

estate includes the following—

(a) a trust,

(b) a fund.

trustee includes the following—

(a) an administrator,

(b) an executor,

(c) another person acting in a similar fiduciary capacity.

value, of a managed person’s estate, means—

(a) the value of the real and personal assets of the estate, without deducting secured or unsecured debts or liabilities, but

(b) does not include the value of—

(i) the person’s principal place of residence, or

(ii) for a managed missing person—the person’s last known principal place of residence.

Division 2 Fees for trustee matters and managed estates—the Act, s 111(2)

Division 2 Fees for trustee matters and managed estates—the Act, s 111(2)

5 Application of division

5 Application of division

This division applies when the NSW Trustee has been appointed to and acts in a capacity referred to in the Act, section 11(1) or (2).

6 Maximum fees for trustee matters and managed estates

6 Maximum fees for trustee matters and managed estates

(1) The NSW Trustee may charge an estate the following fees, up to the amount prescribed for each fee—

(a) a monthly administration fee of 0.1 fee units for each account kept for the estate,

(b) for an asset of the estate that is real estate—

(i) for an inspection or valuation, including writing a report—1.5 fee units per hour, and

(ii) to prepare specifications to repair or renovate a building or structure—1.5 fee units per hour, and

(iii) for a second or later inspection of repairs or renovations and a report on progress of the repairs or renovations—1.16 fee units per hour,

(c) for a common fund—

(i) to manage an investment for a managed person—0.35% per annum of the value of the investment, or

(ii) otherwise—0.35% per annum of the capital sums invested for the estate.

(2) The NSW Trustee may charge an estate or person a fee to prepare or give advice about financial matters of no more than 2.75 fee units per hour.

(3) In this section—

building includes part of a building.

structure includes moveable and fixed structures.

7 Other fees for trustee matters and managed estates

7 Other fees for trustee matters and managed estates

(1) The NSW Trustee may charge an estate the following fees, as determined by the NSW Trustee, if returns are required for the assessment of a tax or duty for the estate, whether in this or another Australian jurisdiction—

(a) an investigation fee,

(b) a lodgement fee for each return lodged.

(2) The NSW Trustee may charge an estate fees to give legal advice or conduct legal proceedings in connection with the estate on a for profit basis.

(3) The NSW Trustee may charge an estate fees for another service or matter not otherwise mentioned in this regulation—

(a) as agreed, or

(b) as determined by the NSW Trustee to be just and reasonable.

Division 3 Fees for trustee matters only—the Act, s 111(2)

Division 3 Fees for trustee matters only—the Act, s 111(2)

8 Application of division

8 Application of division

This division applies when the NSW Trustee has been appointed to and acts in a capacity referred to in the Act, section 11(1).

9 Maximum fees for trustee matters

9 Maximum fees for trustee matters

(1) The NSW Trustee may charge an estate the following fees, up to the amount prescribed for each fee—

(a) for the notation and recording of an assignment, mortgage or other dealing affecting a beneficiary’s share in an estate—0.68 fee units, payable from the share of the relevant beneficiary,

(b) for work involved in, or in preparation for, becoming a legal representative for the estate, if the NSW Trustee does not become a legal representative—4.5 fee units,

(c) to sell land forming part of the estate when authorised by court order—

(i) if the land is sold—

(A) on the first $100,000 of the sale price—4%, and

(B) on the next $100,000 of the sale price—3%, and

(C) on the next $100,000 of the sale price—2%, and

(D) on the amount over $300,000 of the sale price—1%, or

(ii) if the land is not sold—4.5 fee units.

(2) Subsection (1)(c) is subject to a contrary order of the court.

(3) The NSW Trustee may charge a fee of no more than 3 fee units for the NSW Trustee’s attempt to realise an asset in the estate if—

(a) the NSW Trustee made the attempt at a beneficiary’s request, and

(b) the asset is transferred or delivered to the beneficiary.

(4) The NSW Trustee may charge a fee to make inquiries or advertise to locate a beneficiary or next of kin, including if the existence or identity of a beneficiary or next of kin is not known or definitely established, subject to the following—

(a) the fee must not be more than 5% of the net value of the estate after original claims have been paid,

(b) the fee may be charged to—

(i) the estate, or

(ii) the relevant share of the estate for which the NSW Trustee makes the inquiries or advertisements.

10 Fees to carry on business

10 Fees to carry on business

The NSW Trustee may charge an estate administered by the NSW Trustee the fees the NSW Trustee determines to be just and reasonable to carry on a business for the estate.

11 Fees to administer trust

11 Fees to administer trust

(1) This section applies when the NSW Trustee acts as a trustee for a trust.

(2) The NSW Trustee may charge the trust the following administration fees—

(a) a fee, payable once, based on the total value of the assets of the trust and calculated as follows—

(i) on the first $100,000—3.5%,

(ii) on the next $100,000—2.5%,

(iii) on the next $100,000—1.5%,

(iv) on an amount over $300,000—0.5%,

(b) an annual fee of 0.7% of the total value of the assets of the trust when the fee is calculated,

(c) fees for other work outside of the ordinary administration of the trust of 2.75 fee units per hour.

Examples—

arranging or managing non-routine maintenance, repair, construction or development of trust property

(3) A fee under subsection (2)(b) is payable from—

(a) the capital of the trust property, or

(b) the income of the trust property, or

(c) both the capital and income of the trust property.

12 Fees to administer estate

12 Fees to administer estate

(1) This section applies when the NSW Trustee acts as an executor or administrator of an estate.

(2) The NSW Trustee may charge the estate the following administration fees—

(a) a fee, payable once, based on the total value of the assets of the estate and calculated as follows—

(i) on the first $300,000—4%,

(ii) on the next $300,000—3.5%,

(iii) on the next $150,000—2.5%,

(iv) on an amount over $750,000—1.5%,

(b) a fee, for—

(i) rental income collected by a real estate agent who charges a fee for the collection—2.5% of the gross income, and

(ii) other income—5.25% of the gross income.

(3) If the fee calculated under subsection (2)(a) is less than 5 fee units, the NSW Trustee may instead charge a fee of 5 fee units.

13 Execution of documents

13 Execution of documents

(1) This section applies when the NSW Trustee executes documents other than for an estate administered by the NSW Trustee.

(2) The NSW Trustee may charge a fee of no more than 0.68 fee units for executing—

(a) an assurance of property by direction, or

(b) an assurance by confirmation, or

(c) a consent for a mortgagee to exercise powers under a mortgage.

Division 4 Fees for managed estates only

Division 4 Fees for managed estates only

14 Fees for direct management—the Act, s 111(2)

14 Fees for direct management—the Act, s 111(2)

(1) This section applies when the NSW Trustee manages the estate, or part of the estate, of a managed person.

(2) The NSW Trustee may charge the following fees—

(a) a fee, payable once, of no more than 30 fee units, calculated at 1% of the value of the estate, to establish the account for the managed person,

(b) an annual fee of no more than 200 fee units, calculated at 1.4% of the value of the estate.

(3) If the fee calculated under subsection (2)(a) is less than 5 fee units, the NSW Trustee may instead charge a fee of 5 fee units.

15 Fees for private management—the Act, s 128(2)(d)

15 Fees for private management—the Act, s 128(2)(d)

(1) This section applies when a person other than the NSW Trustee is appointed to manage the estate of a managed person.

(2) The NSW Trustee may charge the following fees—

(a) a fee, payable once, of 6.5 fee units to establish the account for the managed person,

(b) an annual fee of no more than 3.75 fee units to file, examine and pass accounts.

Division 5 Other fees—the Act, s 111(2)

Division 5 Other fees—the Act, s 111(2)

16 Fees for wills, powers of attorney and enduring guardianship appointments

16 Fees for wills, powers of attorney and enduring guardianship appointments

(1) The NSW Trustee may charge a person the following fees to prepare, revise or revoke—

(a) a will—no more than 60 fee units,

(b) an enduring guardianship appointment—3 fee units,

(c) a power of attorney—5 fee units.

(2) The NSW Trustee may charge a person an agreed fee for professional services the NSW Trustee provides in connection with the exercise of functions under this section and the Act, section 11(3)–(3B).

17 Incidental fees

17 Incidental fees

The NSW Trustee may charge an estate or person the following fees—

(a) to produce a deed or document of title—0.4 fee units,

(b) to search records held by the NSW Trustee, if the NSW Trustee determines a fee is appropriate—1.5 fee units per hour,

(c) to search, stamp, lodge, uplift, order or register a document electronically or at premises other than an office used by staff of the NSW Trustee—0.4 fee units,

(d) to obtain an exemplification of grant of probate or administration and prepare a power of attorney to collect assets situated outside the State—0.75 fee units,

(e) to attend premises other than an office used by staff of the NSW Trustee—1.5 fee units.

18 Fee to act as attorney or agent

18 Fee to act as attorney or agent

When the NSW Trustee is appointed to and acts as an agent or attorney, the NSW Trustee may charge the fees arranged between the principals and the NSW Trustee.

Division 6 Miscellaneous—the Act, s 111(2)

Division 6 Miscellaneous—the Act, s 111(2)

19 GST may be added

19 GST may be added

(1) The NSW Trustee may add GST to a fee determined in accordance with this part if GST is payable for the service or matter.

(2) If GST is added, the increased amount is taken to be the fee payable.

(3) This section has effect despite a provision of this part limiting the fee the NSW Trustee may charge.

(4) In this section—

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

Part 3 Deceased estates

Part 3 Deceased estates

20 Index of wills

20 Index of wills

For the Act, section 128(1), the NSW Trustee must keep an index of wills lodged with the NSW Trustee for safe custody.

21 Prescribed amounts for deceased estates

21 Prescribed amounts for deceased estates

The following amounts are prescribed—

(a) for the Act, sections 18(1)(a) and 31(1)(a)—$50,000,

(b) for the Act, sections 26(1)(a) and 27(1)(c)—$150,000,

(c) for the Act, section 28(1)—$170,000.

22 Notice of election to administer small estate

22 Notice of election to administer small estate

For the Act, section 30(1), the notice must be published in the same way as a notice under the Supreme Court Rules 1970, Part 78, rule 93.

23 Notice of administration of small estate

23 Notice of administration of small estate

For the Act, section 31(1)(c), the NSW Trustee must give notice of the NSW Trustee’s intention to act—

(a) on the New South Wales Online Registry website, and

(b) in other ways the NSW Trustee considers appropriate.

Part 4 Managed estates

Part 4 Managed estates

24 Interpretation

24 Interpretation

Unless defined in the Act, words and expressions used in this part have the same meaning as in the Mental Health Act 2007.

25 Information relating to mental health inquiry

25 Information relating to mental health inquiry

For the Act, section 43(a), the authorised medical officer must give the information prescribed in Schedule 1.

Note—

The Mental Health Regulation 2025, Schedule 1, Form 2 prescribes the form of notice an authorised medical officer must give a designated carer and principal care provider of an assessable person under the Mental Health Act 2007, section 76(3).

26 Notice of order or interim order of estate management under Act—the Act, s 128(1)

26 Notice of order or interim order of estate management under Act—the Act, s 128(1)

On making an order or interim order under the Act, Part 4.3, Division 1, the MHRT must give the authorised medical officer of the relevant mental health facility a copy of the order or interim order.

27 Mental health facility to notify NSW Trustee of certain orders—the Act, s 128(1)

27 Mental health facility to notify NSW Trustee of certain orders—the Act, s 128(1)

(1) This section applies when the MHRT makes an order or interim order under the Act, Part 4.3, Division 1, that the estate of a patient of a mental health facility is subject to management under the Act.

(2) The authorised medical officer of the relevant mental health facility must give the NSW Trustee a copy of the MHRT’s order or interim order within 7 days after the order or interim order is made.

28 Mental health facility to notify NSW Trustee of certain events—the Act, s 128(1)

28 Mental health facility to notify NSW Trustee of certain events—the Act, s 128(1)

(1) This section applies if one or more of the following events occur for a patient who is or was a managed person—

(a) the patient’s discharge from a mental health facility,

(b) the patient’s transfer from a mental health facility,

(c) the patient’s absence with or without leave from a mental health facility,

(d) the patient’s return to a mental health facility from leave,

(e) the patient’s death at a mental health facility.

(2) The authorised medical officer of the relevant mental health facility must give the NSW Trustee written notice of the event as soon as practicable.

(3) If a patient has a leave plan, a copy of the plan may be given instead of the notice for an event referred to in subsection (1)(c) and (d).

29 NCAT review of NSW Trustee decisions

29 NCAT review of NSW Trustee decisions

For the Act, section 62(1)(b), all decisions made by the NSW Trustee in connection with the exercise of the NSW Trustee’s functions under the Act, Part 4.5, Division 1 are prescribed.

30 Certification of wills

30 Certification of wills

For the Act, section 80(1), an adult may certify a copy of a will as a true copy.

31 Information that managed missing person is alive

31 Information that managed missing person is alive

For the Act, section 91(3), the NSW Trustee may take into account information provided by the Commissioner of Police.

32 Maximum amount payable to beneficiary or other person

32 Maximum amount payable to beneficiary or other person

For the Act, section 95(1)(a), the prescribed amount is $50,000.

Part 5 Miscellaneous

Part 5 Miscellaneous

33 Reciprocal arrangements

33 Reciprocal arrangements

For the Act, sections 35(1) and 81(1), definition of reciprocating State, paragraph (b), New Zealand is prescribed.

34 Savings

34 Savings

An act, matter or thing that, immediately before the repeal of the NSW Trustee and Guardian Regulation 2017, had effect under that regulation continues to have effect under this regulation.

Schedule 1 Information relating to mental health inquiry

Schedule 1 Information relating to mental health inquiry

section 25

sch.1-pt Information to be given to detained person

Information to be given to detained person

If the Mental Health Review Tribunal (the Tribunal) directs that you are to be detained in a mental health facility, the Tribunal will then decide if you are able to manage your property and affairs.

You have the right to have a barrister or solicitor represent you before the Tribunal. If you do not want a barrister or solicitor, you can have another person of your choice represent you, but you can only do this if the Tribunal agrees.

If the Tribunal decides you are able to manage your property and affairs, you can continue to do so. However, if you wish, you can have the NSW Trustee and Guardian manage your property and affairs. You can ask the medical superintendent to arrange for the NSW Trustee and Guardian to manage your property and affairs.

If the Tribunal decides you are not able to manage your property and affairs, the Tribunal will order that your property and affairs be managed by the NSW Trustee and Guardian.

If you do not agree with the Tribunal’s decision that your property and affairs should be managed by the NSW Trustee and Guardian, you have the right to appeal to the Supreme Court.

Schedule 2 Calculation of fee units

Schedule 2 Calculation of fee units

section 3, definition of “fee unit”

Sch 2 s 1 Definitions

1 Definitions

In this schedule—

CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of the index.

financial year means a period of 12 months commencing on 1 July.

Sch 2 s 2 Calculation of fee units

2 Calculation of fee units

(1) For this regulation, a fee unit is—

(a) in the financial year 2026–27—$104.08, and

(b) in each subsequent financial year—the amount calculated as follows—

where—

A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.

B is the CPI number for the March quarter of 2025.

(2) The amount of a fee unit must be rounded to the nearest cent and an amount of 0.5 cents must be rounded up.

(3) However, if the amount of a fee unit calculated for a financial year is less than the amount that applied for the previous financial year, then the amount for the previous financial year applies instead.

Sch 2 s 3 Rounding of fee amounts

3 Rounding of fee amounts

The amount of a fee calculated by reference to a fee unit must be rounded to the nearest dollar and an amount of 50 cents must be rounded up.

Sch 2 s 4 Notice of indexed fees

4 Notice of indexed fees

(1) As soon as practicable after the CPI number for the March quarter is published by the Australian Bureau of Statistics, the Chief Executive Officer must—

(a) notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so notice of the amount may be published on the NSW legislation website, and

(b) publish, on a publicly available website administered by the NSW Trustee, the fees calculated under this schedule for each financial year.

(2) This schedule operates to change an amount of a fee unit and the change is not dependent on the notification or other notice required by this section.