The core concept of the regulations is the maximum fee schedule. The Public Trustee is a government office that administers deceased estates, trusts, funds held under court orders, property under guardianship and administration orders, insurance proceeds, and money paid by superannuation funds for distribution to beneficiaries. For each category, the regulations specify a maximum commission or charge. These maxima are not fees set by the Public Trustee; they are legal ceilings. The Public Trustee may charge less, but not more.

Capital commission is the most significant charge. It applies to the gross capital value of an estate or matter. The rates are progressive in bands, with higher marginal percentages on lower values and lower percentages on higher values. For example, for a deceased estate where the Public Trustee is executor or administrator, the maximum capital commission is 4.09% on the first $200,000, 3.18% on the next $200,000, 2.27% on the next $200,000, and 1.36% on amounts over $600,000 (Schedule 1, Part 2, Division 1, item 1(a)). There is a minimum commission of $5,000 for estates where the scale would produce less than that (item 3). This minimum floor means small estates may pay a proportionally higher fee than larger ones.

There are special rules for a surviving spouse. If the deceased person’s interest in the principal place of residence and household furniture and effects is transferred or conveyed to the surviving spouse, the maximum capital commission on that interest is 2%, not the progressive scale (item 1(b)). For assets situated outside Tasmania that require resealing in another State or Territory, the maximum is 2% of value (item 2). For money paid to the Public Trustee under a court order or otherwise to be held or administered, the rates are 2.5% on the first $100,000, 2% on the next $400,000, and 1% on amounts over $500,000 (item 7).

Income charges are handled separately in Part 3 of Schedule 1. The maximum charge on gross income received by the Public Trustee is 6% of gross income, subject to reductions for authorised collection charges (3% of gross income) and a specific 6% cap on Commonwealth pensions or superannuation pensions paid to the Public Trustee. Gross income includes capital gains realised less capital loss suffered from investments in the common fund, and gross income from a business carried on by the Public Trustee. This means investment gains are treated as income for fee purposes, after netting against losses.

Investment management fees are in Part 5. The maximum charge on the gross value of assets of the common fund or another common investment fund is 2% per year. The maximum management fee on assets invested by the Public Trustee in any capacity (except as executor or administrator of a deceased estate) is also 2% per year of the gross value of capital. These annual fees can accumulate significantly over time, particularly for trusts of long duration.

Advisory trustees are a distinct concept. Under section 22 of the Act, an advisory trustee may be appointed to assist in the administration of an estate. Regulation 5 caps their remuneration at 2% of the gross capital value of the estate, subject to the trust instrument. The amount is determined by the Public Trustee with the agreement of the trustees. This provides a check: the trust instrument may specify a lower rate, and the trustees must agree.

The prescribed amounts in regulation 8 are thresholds. For example, section 20(1) of the Act deals with the Public Trustee’s power to administer small estates without a grant of representation. The prescribed amount of $80,000 means estates valued at or below that figure can be dealt with under that simplified procedure. Section 20(4)(a) has a prescribed amount of $85,000, likely a different threshold. Section 20A(1) has $30,000 and section 20A(5) has $35,000; these probably relate to minor trusts or funds. Sections 32(1)(y), 34(1)(b), 56(c), 63(1) and 74(1) each have prescribed amounts of $20,000 or $60,000. Without the Act text, the exact effect is unclear, but these amounts define the boundaries of the Public Trustee’s powers and duties, such as when it can pay money without further authorisation or when it must account.

The notice form in Schedule 2 is the prescribed form for notice under section 17 of the Act. That section likely requires the Public Trustee to give notice to interested parties when it takes control of property. The form is a graphic image, so its content is not reproduced in text, but compliance requires using that exact form.

The regulations affect anyone who deals with the Tasmanian Public Trustee, either as a client, beneficiary, trustee, executor, or adviser. The most direct impact is on the estates of deceased persons where the Public Trustee acts as executor or administrator. Beneficiaries of such estates are affected because the capital commission reduces the distributable residue. The progressive rate structure means that beneficiaries of larger estates bear a lower effective rate than those of small to medium estates, though the minimum $5,000 charge on very small estates can be a high proportion of value.

Surviving spouses receive favourable treatment. The 2% cap on the commission for the deceased’s interest in the principal residence and household effects means couples who own a home jointly will see a lower deduction from the survivor’s inheritance than would otherwise apply under the general scale. This is an explicit preference in the schedule.

Advisory trustees are directly affected by regulation 5. Anyone appointed as an advisory trustee must accept remuneration determined by the Public Trustee with the trustees’ agreement, capped at 2% of gross capital value. The trust instrument may set a lower cap, so the advisory trustee’s entitlement is not guaranteed at the maximum. This may influence who agrees to act as an advisory trustee.

Trusts administered by the Public Trustee (such as trusts under a will, settlements, or trusts created by court order) are subject to the capital and income charges. Trustees of superannuation, retirement or provident funds who pay money to the Public Trustee for administration on behalf of beneficiaries will see a maximum charge of 3% of the money paid (Schedule 1, Part 2, Division 3, item 10). This affects large institutional funds that use the Public Trustee as a distribution agent.

Persons under guardianship or administration orders under the Guardianship and Administration Act 1995 are affected because the Public Trustee may administer their property. The fees for such estates mirror the deceased estate scale (4.09% on the first $200,000, etc.), with an additional 2% charge on property not realised but transferred to the person entitled at the end of administration (Schedule 1, Part 2, Division 3, items 8 and 9). This means that a person whose property is administered under a guardianship order may lose a significant portion to fees, especially if the administration lasts many years and annual income charges and investment management fees apply.

Insurance policyholders and beneficiaries are affected. Where insurance proceeds for damage to property are retained and administered by the Public Trustee (for example, if the insured person is deceased or incapacitated), the maximum capital commission is the same graduated scale as for deceased estates (item 11). However, if commission was already collected on the insured property, the insurance proceeds commission is reduced accordingly (item 12). This prevents double-charging on the same property.

Book debt collectors are affected by item 13: the maximum charge on debts collected by the Public Trustee is 3% if the debts are subject to an authorised charge for collection, otherwise 6%. This likely applies when the Public Trustee takes over a deceased estate that includes outstanding debts owed to the deceased.

Executors and trustees who have already acted and then transfer an estate to the Public Trustee are affected by Part 4, item 1: the Public Trustee may charge a maximum of 2% on the capital or income realised by the former executor and subsequently vested in the Public Trustee. This means there is no double charge on the same realisation, but a fresh charge on the subsequent administration.

Solicitors, accountants and financial advisers need to understand these fee caps to advise clients appropriately, especially when comparing the Public Trustee’s costs to private executors or trustees. The maximums are high relative to many private trustee company fee schedules. The regulations also affect the market for estate administration in Tasmania, as the Public Trustee competes with private providers. The fee caps act as a price ceiling, but the Public Trustee is not required to charge the maximum; it could undercut private providers, though the progressive scale makes it expensive for smaller estates.

The Public Trustee has a duty not to charge more than the maximum amounts specified in Schedule 1. Regulation 6(2) states that a specified charge is the maximum amount, exclusive of GST, that the Public Trustee may receive for that matter or service. This is a statutory cap; any charge above the maximum would be unlawful and potentially recoverable. The Public Trustee also has the right to deduct specified charges from money held, whether from capital, income, or both (regulation 6(4)). This self-help remedy means the Public Trustee does not need to sue for its fees; it simply deducts from funds under its control. However, it must exercise this right in accordance with the regulations and the Act.

The Public Trustee is entitled to reimbursement for any reasonable expenses incurred in respect of an estate, matter or service, and also for an estate for which representation is not obtained (regulation 6(5)). This right is in addition to the specified charges. So the total cost to an estate can include both fees and out-of-pocket expenses (e.g., legal costs, valuation fees, advertising, stamp duty). The expenses must be reasonable, but the regulations do not define reasonableness; that is left to general law.

Advisory trustees have a right to remuneration under regulation 5, but that right is contingent on three factors: (1) the trust instrument does not provide otherwise; (2) the amount is determined by the Public Trustee with the agreement of the trustees; and (3) the rate does not exceed 2% of the gross capital value of the estate. The advisory trustee cannot demand a higher rate, and if the trust instrument is silent, the Public Trustee and trustees must agree on a specific amount. If they cannot agree, there is no default rate; the advisory trustee may need to apply to the court for directions. This creates a negotiation dynamic where the Public Trustee holds significant power, as it controls the administration.

Persons required to sign documents but unable to do so have the right to make a mark instead, provided another person attests that the document was read out and explained to them (regulation 4). This protects illiterate, blind, or physically incapacitated persons by ensuring they understand what they are signing. The attester must be another person (not necessarily a lawyer or the Public Trustee), but the regulation does not specify any qualifications. The duty is on the Public Trustee or the person requiring the signature to ensure this procedure is followed; otherwise, the signature may be invalid.

The Public Trustee has the right to charge commission on the gross capital value without deducting legal or equitable charges on the property or expenses of realisation (regulation 6(3)). This is significant because if a property is subject to a mortgage, the Public Trustee computes the fee on the gross value, not the net equity. For example, if an estate includes a house worth $500,000 with a $300,000 mortgage, the capital commission is calculated on $500,000, not the $200,000 net equity. This increases the fee burden on indebted estates.

Beneficiaries and estate administrators have the right to expect the Public Trustee to apply the correct fee schedule. If the Public Trustee overcharges, the excess may be recoverable by the estate. However, the regulations do not provide a specific mechanism for challenge; general law remedies such as an action for money had and received or an application to the Supreme Court for an account would apply.

The regulations do not impose any explicit duties on beneficiaries or third parties; they are primarily directed at the Public Trustee. However, trustees of superannuation funds who pay money to the Public Trustee must accept the maximum 3% charge (item 10). They have no right to negotiate a lower rate. Similarly, surviving spouses benefit from the 2% cap on residential property, but they have no right to compel the Public Trustee to charge less than the maximum; the Public Trustee may charge anywhere up to the cap.

The Public Trustee Regulations 2019 do not themselves create any penalty provisions. They are subordinate legislation made under the Public Trustee Act 1930, and any enforcement would arise under the Act or under general law. The Act likely contains provisions about the Public Trustee’s duties, and breach of those duties could lead to civil liability, removal from office, or surcharge. The regulations set maximum fees; if the Public Trustee charges in excess of the maximum, that is likely a breach of fiduciary duty or statutory duty, and the affected estate could seek recovery of the overpayment. No criminal penalty is specified in the regulations.

The absence of a penalty provision means the main enforcement mechanism is private action by aggrieved beneficiaries or executors. They could apply to the Supreme Court of Tasmania for an order requiring the Public Trustee to account and refund any overcharged fees. The court could also make declarations about the correct interpretation of the schedule. The cost of litigation may deter small estates from challenging overcharges, especially given the minimum fee of $5,000 already consumes a large portion of a small estate.

There is also the possibility of oversight by the Ombudsman or the Auditor-General, since the Public Trustee is a government office. The maximum fee schedule acts as a regulatory limit, but without active enforcement, compliance depends on the Public Trustee’s internal policies and practices. The regulations do not require the Public Trustee to give itemised accounts or justify fees, though general trust law may require accounts.

For advisory trustees, regulation 5 provides a right to remuneration, but if the Public Trustee fails to determine remuneration or pays more than 2% of gross capital value, the overpayment could be challenged. There is no penalty on the advisory trustee for receiving an overpayment; the liability would fall on the Public Trustee for making an unauthorised payment.

The attestation procedure in regulation 4 does not carry a penalty for non-compliance. However, if a document is signed without the required attestation, it may be invalid, causing practical difficulties in the administration of estates. The risk is procedural rather than punitive.

Regulation 7 prescribes a form for notice under section 17 of the Act. Failure to use the prescribed form may not invalidate the notice if substantial compliance is shown, but strict compliance is safer. Again, no penalty is specified.

Overall, enforcement is reactive. The regulations rely on the Public Trustee’s duty to comply and on beneficiaries’ ability to police charges. This creates a principal-agent problem: the Public Trustee deducts fees from funds it controls, and beneficiaries must actively review accounts to detect overcharges. The compliance burden falls on the citizen, not the state.

The regulations explicitly interact with several other enactments. The most direct interaction is with the Public Trustee Act 1930, under which they are made. The regulations fill in details left open by the Act, such as prescribed amounts and fee caps. They do not override the Act but operate within its framework. For example, regulation 8 prescribes amounts for sections 20, 20A, 32, 34, 56, 63 and 74 of the Act. Any amendment to the Act’s section numbers or content would require corresponding changes to the regulations.

The Guardianship and Administration Act 1995 is referenced in Schedule 1, Part 2, Division 3, items 8 and 9. Those items set fees for estates administered and realised under that Act, and for property transferred on termination of administration. This means a person subject to a guardianship order will have their property administered under the same fee structure as a deceased estate, with the addition of a 2% charge on unrealised property transferred at the end. The interaction ensures consistency but also means that living persons whose affairs are managed by the Public Trustee pay fees at the same high rate as if they were dead.

The Commonwealth A New Tax System (Goods and Services Tax) Act 1999 is referenced in the definition of GST. The regulations explicitly state that fees are exclusive of GST. This means the Public Trustee may add GST on top of the stated maximums when charging GST-registered entities or individuals, if the supply is taxable. This interaction is important for estates and trusts that are not GST-registered, as the GST may be an additional cost that cannot be input-taxed. The regulations do not specify whether the Public Trustee can charge GST on its fees; that depends on the GST Act and the Public Trustee’s registration status.

The Rules Publication Act 1953 is referenced in the note at the end of the regulations, stating they are displayed and numbered in accordance with that Act. This is a procedural Act about publication of subordinate legislation; it does not affect the substantive content.

The regulations may interact with the Trustee Act (Tasmania) in matters of trustee duties and remuneration, but no direct reference is made. The common law principles of fiduciary duty and trust accounting also apply. The Public Trustee, as a statutory trustee, is subject to those principles except where the Act or regulations modify them.

For superannuation and retirement funds, the regulations set a maximum charge of 3% on money paid to the Public Trustee at the discretion of trustees or managers (Schedule 1, Part 2, Division 3, item 10). This interacts with Commonwealth superannuation law, which may require trustees to act in the best interests of beneficiaries. Choosing the Public Trustee as a distribution agent may have cost implications that trustees must consider. The 3% cap applies only when the Public Trustee administers the money on behalf of beneficiaries; it does not apply to other types of fund payments.

The insurance provisions (items 11 and 12) interact with insurance contract law and the Insurance Contracts Act 1984 (Cth) where applicable. The Public Trustee’s fee on insurance proceeds retained for administration is separate from any claim handling costs.

The regulations do not interact with taxation laws beyond GST. There is no provision for income tax on fees, but the income of the estate or trust is subject to tax in the usual way.

Based solely on the source text provided, the Public Trustee Regulations 2019 (SR 2019 077) are shown as in force as at 12 April 2026. There is no indication of any amendments having been made. The regulations were notified in the Gazette on 17 December 2019 and took effect on 21 December 2019. No amending regulations are referenced in the text. The schedule items appear to be original. It is possible that the regulations have been amended by later instruments, but the source does not record them. The prescribed amounts in regulation 8 are in whole dollar figures that have not been indexed or updated since commencement. Without amendment history, the reader should verify the current version from the Tasmanian legislation database. The lack of amendment history may indicate that the fee structure has remained static since 2019. Given that inflation erodes the real value of fee caps over time, the effective burden on the Public Trustee may have decreased relative to costs, but that is an inference, not a conclusion from the source.

The source text contains no references to any court cases, judgments, or litigation. No cases are cited in the regulations. There is no schedule listing litigation, and no explanatory memorandum is provided. It is impossible to determine from the source whether the regulations have been the subject of any legal challenge. The maximum fees prescribed could theoretically be contested on grounds such as unreasonableness or ultra vires, but no such challenge appears in the source. The lack of litigation history does not mean none exists; it means the source does not provide it. Practitioners should conduct their own legal research for any relevant Tasmanian or Australian decisions interpreting the Public Trustee Act or these regulations. Given the detailed fee schedule and prescribed amounts, disputes may have arisen about calculation methods, particularly regarding gross capital value and the deduction of charges. However, the source is silent.

Several provisions in the regulations contain traps for the unwary.

The minimum capital commission of $5,000 applies when the graduated scale would produce less than $5,000 (Schedule 1, Part 2, Division 1, item 3). This means a deceased estate with a gross capital value of, say, $50,000 would otherwise attract commission of 4.09% = $2,045, but the minimum pushes it to $5,000 an effective rate of 10%. For estates just above $5,000, the proportionate cost is very high. The Public Trustee may choose to charge less, but there is no obligation to do so. Clients should be aware that very small estates may face disproportionately high administration costs through the Public Trustee, and may wish to consider alternative administration (e.g., by a family member) if permissible under the Act.

The calculation of capital commission on gross capital value without deducting encumbrances (regulation 6(3)) can produce surprising results. If an estate has substantial debts secured against property, the commission is still charged on the full property value, not the equity. This increases the net cost to the estate and reduces the amount available to pay creditors and beneficiaries. For example, an estate with a house worth $1 million but with a $900,000 mortgage would pay capital commission on $1 million (about $15,200 on the progressive scale) despite having only $100,000 of net equity. That is 15.2% of the net value in commission alone, before expenses and income charges.

The definition of “percentage” in Schedule 1, Part 1, is circular: it means the amount equal to that percentage of the assets, gross capital, income, fund, money or the whole of the estate as may be specified. This does not clarify whether percentages are applied to gross or net amounts; other provisions make it clear that gross figures are used. Still, careful reading is needed.

Advisory trustee remuneration under regulation 5 is determined by the Public Trustee with the agreement of the trustees. If the trustees do not agree, there is no default amount. The advisory trustee could end up with nothing, or could apply to the court. The 2% cap is a maximum, not a guarantee. The regulation also says “subject to the provisions of a relevant trust instrument”, meaning the trust deed may override the whole regulation. An advisory trustee should review the trust deed carefully before accepting appointment.

The maximum charge on book debts (Schedule 1, Part 2, Division 3, item 13) distinguishes between debts subject to an authorised charge for collection (3%) and all other cases (6%). The phrase “authorised charge for collection” is not defined. It is unclear what constitutes an authorised charge, and the Public Trustee may have discretion to treat debts as not authorised, thereby charging 6%.

The investment management fees in Part 5 are annual charges. The maximum of 2% per year on gross value of assets can compound significantly over a long trust. For a trust of $1 million held for 20 years, the annual fee could total $400,000 in nominal terms (if charged at the maximum every year), not including capital commission and income charges. This can erode capital substantially. Beneficiaries of long-term trusts should understand these ongoing costs.

The attestation procedure in regulation 4 requires that the document be “read out and explained” to the person making their mark. The regulation does not specify who must do the reading and explaining, only that “another person” attest. If the person making the mark does not understand the document, the attestation may be invalid, but the regulation provides no procedure for verification. Careful practitioners should ensure the attester is independent and competent.

The prescribed amounts in regulation 8 are not indexed to inflation. As at 2019, $80,000 was the threshold for simplified administration under section 20(1). By 2026, inflation has reduced the real value, meaning fewer estates qualify for the simplified procedure. The regulations do not automatically update these amounts, so they become progressively more restrictive. Legislation may be needed to change them.

Finally, the regulations are exclusive of GST (regulation 6(2) and regulation 5(2)). The Public Trustee may add GST to its fees. For an estate that is not GST-registered, the GST is an additional cost. The regulations do not require the Public Trustee to charge GST; it is a matter of tax law. But the cap is exclusive, so the total charge could exceed the stated maximum if GST is added. The reader should check whether the Public Trustee is registered for GST and applies it.

Compliance with the Public Trustee Regulations 2019 primarily falls on the Public Trustee itself, but practitioners and clients must also ensure their dealings with the Public Trustee are in accordance with the regulations to avoid overcharges or procedural errors.

For the Public Trustee, compliance requires strict adherence to the fee caps in Schedule 1. The Public Trustee must calculate capital commission accurately using the correct progressive scale for the relevant category (deceased estate, trust, custody, insurance proceeds, etc.). It must apply the minimum $5,000 where the scale yields less. It must not charge more than the specified percentages for income (6% general, 3% if subject to authorised collection charge, 6% on Commonwealth pensions). It must apply the correct annual investment management fee (2%). When deducting charges, it must choose to deduct from capital, income, or both, but cannot exceed the maximum in total. It must also respect the special caps for surviving spouses (2% on residence and household effects) and for out-of-state assets requiring resealing (2%). For advisory trustees, the Public Trustee must determine remuneration with the agreement of the trustees, not unilaterally, and ensure it does not exceed 2% of gross capital value. The Public Trustee must issue notices under section 17 using the prescribed form in Schedule 2. When dealing with a person unable to sign, it must arrange for the mark and attestation procedure.

For executors, trustees and beneficiaries, compliance involves monitoring the Public Trustee’s fee deductions. They should request an itemised account showing the calculation of fees and expenses. They should verify that charges do not exceed the schedule maxima. They should particularly check that the correct type of estate or matter has been applied (e.g., deceased estate vs trust vs insurance proceeds), as the brackets differ. They should check that expenses reimbursed are reasonable and not duplicated. If they suspect overcharging, they should first raise it with the Public Trustee informally, then consider formal complaint to the Ombudsman or legal action.

For persons appointing an advisory trustee, they should ensure the trust instrument sets out the remuneration terms, as regulation 5 is subject to that instrument. If the instrument is silent, the advisory trustee may be at the mercy of the Public Trustee’s determination and the trustees’ agreement. Drafting a specific clause can provide certainty.

For personal representatives handling a small estate (say, under $80,000), they should consider whether the Public Trustee is necessary. The prescribed amount of $80,000 for section 20(1) allows the Public Trustee to administer without a grant of representation, but that does not require the Public Trustee to be used. If family members can administer the estate themselves, they may avoid the $5,000 minimum commission and other charges. The regulations do not compel anyone to use the Public Trustee.

For solicitors drafting wills or trusts that involve the Public Trustee, they should be aware of the fee structure and advise clients accordingly. Including a clause that limits the Public Trustee’s fees to a lower rate, or that excludes the Public Trustee from acting, may be appropriate. However, any such clause must comply with the Act and regulations; it cannot override the statutory caps, but it can set a lower maximum.

For insurers paying insurance proceeds into the Public Trustee, they should check whether the proceeds will be retained and administered. If so, the graduated scale in item 11 will apply. They may consider paying the proceeds directly to the beneficiary to avoid fees.

For trustees of superannuation funds paying money to the Public Trustee, the 3% maximum charge in item 10 is a cost that the fund must consider. They should compare this cost with other distribution options and document their decision to meet fiduciary duties.

Compliance with regulation 4 (attestation of mark) requires a witness who is present when the document is read out and explained, and who then signs as attester. A certificate of attestation should be added to the document. The witness should be independent, not the Public Trustee or a beneficiary, to avoid conflicts. The regulation does not require the witness to be a justice of the peace or commissioner for declarations, but using a qualified witness may strengthen the document’s validity.

Overall, the best compliance strategy is to understand the fee schedule in advance, seek fee estimates from the Public Trustee before proceeding, and keep records of all dealings. The regulations provide maximums, not fixed fees, so negotiation may be possible. Clients should ask whether the Public Trustee will charge less than the maximum. The Public Trustee may have policies on fee reductions, but these are not set out in the regulations.