Full legislation
s.73
Charges upon trust estate administered by Official Trustee
(1)
There shall be imposed and levied, for the use of the Government, upon every
trust estate administered under this Part a charge equivalent to the following
percentage of the net value of the trust
estate—10
per cent where the value of the trust estate does not exceed $100,000, or, where the
value exceeds $100,000, 10 per cent on the first $100,000 and 5 per cent on the
excess.
(2)
The said charge shall constitute a primary lien upon the trust estate, and shall be levied, in the case of trust moneys deposited in a bank, by an order of the court, authorizing the payment thereof to the Official Trustee for the use of the Government, and in the case of securities or land, by sale, mortgage, or otherwise as the court may direct, and in case of any such sale or mortgage, the court may, by the same or any further order, empower the Official Trustee to execute all instruments necessary for carrying out this provision, and instruments so executed shall be as valid and effectual to all intents and purposes as if the same had been executed by all persons who, but for this provision, would have been necessary parties thereto.
(3)
There shall also be imposed and levied, for the use of the Government, upon every such estate a charge equivalent to 5 per cent of the annual revenue of the trust estate. The Official Trustee shall deduct such charge in making up the annual accounts of the estate.