MAKING OF WILLS

Stratford Evening Post, Volume I, Issue 86, 20 March 1931, Page 7

MAKING OF WILLS

PUBLIC TRUST OFFICE

COMMENT ON ADVERTISEMENT

WELLINGTON, March 18,

“The Public Trustee advertises that he is prepared to make wills gratuitously where he 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 the Public Trustee obtains his remuneration lor such so-.ailed gratuitous service from the commission he is paid for the administration of the estate,” said Mr Justice Blair in delivering a reserved judgment in tin Supreme Court to-day.

“I have little doubt that solicitors would undertake to prepare wills gratuitously upon the same condition and roly fur remuneration for preparing tlio will upon the commission to which the executors are entitled under section till of the Administration Act,” said his Honour. “Once the Public Trustee is appointed executor, he. alone, within wide limits provided by the regulations, is judge as to the amount lie is entitled to charge the estate for commission. In the case of an ordinary executor the only commission he i m obtain is what the court allows him for his pains and trouble.”

“1 have been informed by a solicitor for the Public Trust (Mice that in all cases the Public Trustee, in fixing the commission he charges in any es tatc, takes into consideration the exIciß of the work involved in administration and does not always charge the full scale of rate authorised bv the regulations to the Public Trust Office Act. It is satisfactory to know that this is so, but nevertheless the fact that the Public, Trust (Mice, for the purpose ot attracting business, advertises that it will gratuitously advise persons as to the making of wills, places the office in a position that it has substantially a financial interest in giving such advice and obtaining the execution of such wills. This linancial advice conflicts with its fiduciary duty to the testators asking the dvice.”