Public Trustee

Logo: Public Trustee

Click here to skip all navigation and go straight to the content

“We always act in the best interest of our clients”

Glossary

Administrator

A person appointed by the Court to manage the estate of a deceased person, usually in respect of an estate where there is not a will.

Back to top

Appointment of guardian

A guardian for infant children may be appointed under the terms of a Will. However, the appointment is not legally binding if at the date of death the appointee may be unable to act as guardian.

Back to top

Assets

All your possessions at the time of your death, including property/real estate, cash and bank accounts, household furniture and effects, clothing, personal effects and all other investments and insurance policies comprise a person’s assets.

Back to top

Beneficiary

The person named in the Will to benefit from the distribution of an estate.

Back to top

Codicil

An addition or alteration to a Will executed in the same way as a Will.

Back to top

Defendant

The party against whom in a claim is brought in a proceeding.

Back to top

Executor

The person or trustee organisation you choose to carry out the terms of your Will. Your executor is responsible for the entire administration of the estate until the final distribution of the assets is made to the beneficiaries. During the administration your executor will control all the assets.

Back to top

Estate

Your estate comprises all your assets and liabilities at the time of your death, including real estate, cash and bank accounts, household furniture and effects, clothing, personal effects and all other investments and insurance policies.

Back to top

Funds Management Service

Since its inception Public Trustee has held money in trust for its clients and has had the responsibility to invest that money for the benefit of those clients. The skills and management expertise built over the decades have provided the foundation for the significant growth in funds management within Public Trustee. Public Trustee now has in place a fully fledged, diversified funds management service currently investing in excess of $700 million of client funds.

Back to top

(Grant of) Probate

The official document issued by the Supreme Court Probate Registry confirming that the Will is the last made by the deceased. It also gives the Executor/s full authority to deal in matters relating to the estate.

Back to top

Guardian

Is a person who is entrusted by law with the care of another.

Back to top

Intestate

Dying not having made a Will.

Back to top

Interest in an estate

Is an entitlement to benefit in the distribution of a particular estate.

Back to top

Legacies

A legacy is a gift of personal estate by a Will and is usually a legacy of money.

Back to top

Life interest

Is interest in an asset given to a person for the period of his/her life.

Back to top

Perpetual trust

Is a fiduciary relationship in which one person (the trustee) holds the title to property (trust estate) for the benefits of another (beneficiary) indefinitely.

Back to top

Plaintiff

One who brings an action in a civil case.

Back to top

Power of Attorney

A person you appoint to manage your financial and legal affairs for whatever reason is called your ‘attorney’. In this context, the ‘attorney’ does not need to be a lawyer or solicitor.

Back to top

Protected Person

The person, the subject of a guardianship or administration order (or both) under the Guardianship & Administration ACT 1993.

Back to top

Prudent person

The prudent person principle is defined in section 9 of the Trustee (Investment Powers) Amendment Act 1995 of South Australia as: Matters to which trustee must have regard in exercising power of investment 9.(1) Without limiting the matters that a trustee may take into account when exercising a power of investment, a trustee must, so far as they are appropriate to the circumstances of the trust, have regard to:

  1. The purposes of the trust and the needs and circumstances of the beneficiaries; and
  2. The desirability of diversifying trust investments; and
  3. The nature of a risk associated with existing trust investments and other trust property; and
  4. The need to maintain the real value of the capital or income of the trust; and
  5. The risk of capital or income loss or depreciation; and
  6. The potential for capital appreciation; and
  7. The likely income return and the timing of income return; and
  8. The length of the term of the proposed investment;
  9. The probable duration of the trust;
  10. The liquidity and marketability of the proposed investment during, and on the determination of, the term of the proposed investment;
  11. The aggregate value of the trust estate; and
  12. The effect of the proposed investment in relation to the tax liability of the trust;
  13. The likelihood of inflation affecting the value of the proposed investment or other trust property;
  14. The costs (including commissions, fees, charges and duties payable) of making the proposed investment;
  15. The results of a review of existing trust investments.

Back to top

Public Trustee common funds

Public Trustee has seven common funds, each of which has been established to invest in classes of investments from a specific sector. The common funds named sector are;

  1. Cash
  2. Mortgage Enhanced Short Term Fixed Interest
  3. Long Term Fixed Interest
  4. Overseas Fixed Interest
  5. Australian Shares
  6. Overseas Shares
  7. Listed Property Securities.

Back to top

Tax exempt investors

These are charitable funds, religious organisations and non-profit making organisations (Public Funds). Section 78 of the Australian Taxation Act defines a group of funds, institutions or bodies, including Public Funds such as sporting clubs, community organisations, research foundations and such organisations as non-profit making nursing homes and community-based social support groups.

Back to top

Trustee

The person holding property upon trust for another person.

Back to top

Trust

Money or other assets administered by a third party on behalf of the owners.

Back to top

Unsound mind

Where a person does not have the ability to be aware of, and fully understand the nature and implications of the document they are signing and the legal relationship into which they are about to enter.

Back to top

We're here to help

Email us

or call us on
(08) 8226 9200

or country toll-free on
1800 673 119