Judicial Trustees Act


Published: 1971-03-01

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Judicial Trustees Act
JUDICIAL TRUSTEES [CH.58 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

JUDICIAL TRUSTEES
CHAPTER 58

JUDICIAL TRUSTEES

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.
3. Power of court on application to appoint judicial trustee.
4. Rules.

JUDICIAL TRUSTEES [CH.58 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 58

JUDICIAL TRUSTEES
An Act to provide for the appointment of Judicial

Trustees.
[Assent 30th December, 1969]

[Commencement 1st March, 1971]
1. This Act may be cited as the Judicial Trustees

Act.
2. In this Act—
“official of the court” means the holder of such paid

office in or connected with the court as may be
prescribed;

“court” means the Supreme Court.
3. (1) Where application is made to the court by or

on behalf of the person creating or intending to create a
trust, or by or on behalf of a trustee or beneficiary, the
court may, in its discretion, appoint a person (in this Act
called a judicial trustee), to be a trustee of that trust, either
jointly with any other person or as sole trustee, and, if
sufficient cause is shown, in place of all or any existing
trustees.

(2) The administration of the property of a deceased
person, whether a testator or intestate, shall be a trust, and
the executor or administrator a trustee, within the meaning
of this Act.

(3) Any fit and proper person nominated for the
purpose in the application may be appointed a judicial
trustee, and, in the absence of such nomination, or if the
court is not satisified of the fitness of a person so
nominated, an official of the court may be appointed, and
in any case a judicial trustee shall be subject to the control
and supervision of the court as an officer thereof.

(4) The court may, either on request or without
request, give to a judicial trustee any general or special
directions in regard to the trust or the administration
thereof.

36 of 1969

Short title.

Interpretation.

Power of court
on application to
appoint judicial
trustee.

CH.58 – 4] JUDICIAL TRUSTEES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) There may be paid to a judicial trustee out of the
trust property such remuneration, not exceeding the
prescribed limits, as the court may assign in each case,
subject to any rules under this Act respecting the
application of such remuneration where the judicial trustee
is an official of the court, and the remuneration so assigned
to any judicial trustee shall, save as the court may for
special reasons otherwise order, cover all his work and
personal outlay.

(6) Once in every year the accounts of every trust of
which a judicial trustee has been appointed shall be
audited, and a report thereon made to the court, by the
prescribed persons, and, in any case where the court shall
so direct, an inquiry into the administration by a judicial
trustee of any trust, or into any dealing or transaction of a
judicial trustee, shall be made in the prescribed manner.

4. Rules may be made by the Rules Committee,
constituted under section 75 of the Supreme Court Act, for
carrying into effect this Act, especially—

(a) for requiring judicial trustees, who are not
officials of the court, to give security for the due
application of any trust property under their
control;

(b) respecting the safety of the trust property, and
the custody thereof;

(c) respecting the remuneration of judicial trustees
and for fixing and regulating the fees to be taken
under this Act so as to cover the expenses of the
administration of this Act, and respecting the
payment of such remuneration and fees out of
the trust property, and, where the judicial trustee
is an official of the court, respecting the
application of the remuneration and fees payable
to him;

(d) for dispensing with formal proof of facts in
proper cases;

(e) for facilitating the discharge by the court of
administrative duties under this Act without
prejudicial proceedings and otherwise regulating
procedure under this Act and making it simple
and inexpensive;

Rules.

Ch 53.

JUDICIAL TRUSTEES [CH.58 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(f) respecting the suspension or removal of any
judicial trustee, and the succession of another
person to the office of any judicial trustee who
may cease to hold office, and the vesting in such
person of any trust property;

(g) respecting the classes of trusts in which officials
of the court are not to be judicial trustees, or are
to be so temporarily or conditionally;

(h) respecting the procedure to be followed where
the judicial trustee is executor or administrator;

(i) for preventing the employment by judicial
trustees of other persons at the expense of the
trust, except in cases of strict necessity;

(j) for the filing and auditing of the accounts of any
trust of which a judicial trustee has been
appointed.

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