Fourth

Session, 46th General Assembly

Elizabeth II, 2011

BILL 25

AN ACT TO AMEND THE

PUBLIC TRUSTEE ACT, 2009

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

FELIX COLLINS

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Public Trustee Act, 2009 to clarify transitional

matters consequent to the transfer of the Estates Administration Division from the

Supreme Court to the Office of the Public Trustee.

A BILL

AN ACT TO AMEND THE PUBLIC

TRUSTEE ACT, 2009

Analysis

S.26 Amdt.

Transitional

2. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2009 cP-46.1

as amended

Section 26 of the Public Trustee Act, 2009 is amended by renumbering it as subsection

26(1) and by adding immediately after that subsection the following:

(2) The public trustee shall assume, on the coming

into force of this Act, all the assets and property held by the Registrar of

the Supreme Court as required by the

Enduring Powers of Attorney Act , the Judicature

Act, the Life Insurance Act, the Mentally Disabled Persons Estates Act , the

Trustee Act or another Act where the

administration of those assets or property now falls to the public trustee

under the authority of this Act.

(3) Where, before the coming into force of this

Act, the Registrar of the Supreme Court was named in an order or instrument

(

a) under

an Act, where the authority and responsibility

under that Act, on the coming into force of this Act, fall to the public

trustee;

(

b) as administrator or executor of an estate;

(

c) respecting letters of probate or letters of administration;

(

d) where the authority and responsibility under

that order or instrument, on the coming into force of this Act, fall to the

public trustee

that order or instrument shall, on the

coming into force of this Act, be considered to have named the public trustee,

and the public trustee shall have the authority and responsibility with respect

to that order or instrument that was given to the registrar.

Commencement

2. This Act comes into force on the day the Public Trustee Act, 2009 comes into

force.

William E. Parsons, Queen's Printer