PUBLIC TRUST OFFICE

Hokitika Guardian, 24 March 1931, Page 2

PUBLIC TRUST OFFICE

MR JUSTICE BLAIR’S CRITICISM. FREE) ADVICE ON WILLS. WELLINGTON, March 19, “The Public Trustee advertises that he is prepared to make wills gratuitously where lie is appointed executor. Such an advertisement can create a false impression in the minds of ignorant people because the advertisement does not make it plain that th c Public Trustee obtains his remuneration lor such so-called gratuitous service from the commission ho is paid for the administration of the estate,” said Air Justice Blair in delivering a reserved judgment in th e Supreme Court today.

“I have little doubt that po’-v-j',. would undertake to prepare wills gratuitously upon the same conditions and ri-Iy for their remuneration for preparing the. will upon the commission to which the-executors are entitled under Section 20 of the Administration Adt,” said his Honour. “Once the Public Trustee is appointed executor h c alone within the wide limits provided by the regulations is the judge as to the amount he is entitled to charge the -estate for commission. In the case of an ordinary executor the only commission hc can obtain is what the Court allows him for his pains and trouble.

“I have been informed by the solicitor for the Public Trust Office that in nil cases thc Public Trustee in fixing the commission he charges in any estate takes into consideration the extent -of tho work involved in administration and does no-t always charge the full scale rates authorised by the regulations to the Public Trust Office Act. It is satisfactory to know that this is so, but nevertheless +Ue- fact that the Public TruiSt Office for the purooso of attracting business advertises that it will gratuitously advise persorvs as to the making of wills, places the office in a position that it

has substantial financial interest in giving such advice and obtaining execution of such wil’is. This financial interest conflicts with its fiduciary duty to testators asking for advice.”