6Maximum fees, commissions, remunerations and charges receivable

6 Maximum fees, commissions, remunerations and charges receivable

(1)  In this regulation –

specified charges means the fees, commissions, remunerations and charges specified in Schedule 1 .

(2)  A specified charge in respect of a matter, or service, for which the specified charge is so specified in Schedule 1 is the maximum amount, exclusive of GST, that the Public Trustee may receive for that matter or service.

(3)  For the purposes of calculating a specified charge, a deduction is not to be made, from the amount in respect of which the charge is being calculated, for –

(a) legal or equitable charges on property; or

(b) the expenses of a realisation of assets.

(4)  If a specified charge is payable in respect of an estate, matter or service, the Public Trustee may deduct the specified charge from money held by the Public Trustee in the estate, matter or service that represents –

(a) capital; or

(b) income; or

(c) both capital and income.

(5)  In addition to a specified charge that the Public Trustee is entitled to receive under the Act, the Public Trustee is entitled to reimbursement for any reasonable expense incurred in respect of –

(a) an estate, matter or service; and

(b) an estate for which representation is not obtained.