QLDIn ForceAct
Public Trustee Act 1978
sec.118Notice to be given to public trustee of appointment as trustee
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### sec.118 Notice to be given to public trustee of appointment as trustee
Notice in writing of any appointment of the public trustee as trustee shall, as soon as possible after the trust comes into effect, be given to the public trustee by—
any person having possession of the trust instrument or any of the trust property; and
any person appointed by a testator to be co-trustee with the public trustee and not renouncing or disclaiming the trust.
When a court, except upon the application of the public trustee, makes an order under this Act or having any relation to the public trustee, the person who obtains such order shall forthwith serve upon the public trustee a court office copy (however described) thereof, and shall deliver to the public trustee a statement of the property affected by the order, where that property is situated and by whom it is held, so far as the same is known to that person, and such other information as the public trustee requires.
Upon receiving a notice pursuant to subsection (1) or being served with an office copy of a court order pursuant to subsection (2) , the public trustee may—
require any person in possession of any instrument governing or affecting any property subject to the trust or affected by the court order to produce such instrument to the public trustee and to supply the public trustee with a copy thereof;
require any person who appears to the public trustee to be in a position to do so to supply the public trustee with any information in regard to the trust or the property affected by the order, or as to any trustees or persons beneficially interested, or as to any other matters that the public trustee considers it desirable to obtain.
Any person who is registered as proprietor or owner (either beneficially or as a trustee) of any property of which the public trustee becomes trustee shall execute any documents and do anything which the public trustee may reasonably require of the person to facilitate the public trustee’s becoming registered as proprietor or owner of or as entitled to deal with any such property.
(sec.118-ssec.1) Notice in writing of any appointment of the public trustee as trustee shall, as soon as possible after the trust comes into effect, be given to the public trustee by— any person having possession of the trust instrument or any of the trust property; and any person appointed by a testator to be co-trustee with the public trustee and not renouncing or disclaiming the trust.
(sec.118-ssec.2) When a court, except upon the application of the public trustee, makes an order under this Act or having any relation to the public trustee, the person who obtains such order shall forthwith serve upon the public trustee a court office copy (however described) thereof, and shall deliver to the public trustee a statement of the property affected by the order, where that property is situated and by whom it is held, so far as the same is known to that person, and such other information as the public trustee requires.
(sec.118-ssec.3) Upon receiving a notice pursuant to subsection (1) or being served with an office copy of a court order pursuant to subsection (2) , the public trustee may— require any person in possession of any instrument governing or affecting any property subject to the trust or affected by the court order to produce such instrument to the public trustee and to supply the public trustee with a copy thereof; require any person who appears to the public trustee to be in a position to do so to supply the public trustee with any information in regard to the trust or the property affected by the order, or as to any trustees or persons beneficially interested, or as to any other matters that the public trustee considers it desirable to obtain.
(sec.118-ssec.4) Any person who is registered as proprietor or owner (either beneficially or as a trustee) of any property of which the public trustee becomes trustee shall execute any documents and do anything which the public trustee may reasonably require of the person to facilitate the public trustee’s becoming registered as proprietor or owner of or as entitled to deal with any such property.
- (a) any person having possession of the trust instrument or any of the trust property; and
- (b) any person appointed by a testator to be co-trustee with the public trustee and not renouncing or disclaiming the trust.
- (a) require any person in possession of any instrument governing or affecting any property subject to the trust or affected by the court order to produce such instrument to the public trustee and to supply the public trustee with a copy thereof;
- (b) require any person who appears to the public trustee to be in a position to do so to supply the public trustee with any information in regard to the trust or the property affected by the order, or as to any trustees or persons beneficially interested, or as to any other matters that the public trustee considers it desirable to obtain.