Judicial Trustee Rules

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1970/1970-0061/JudicialTrusteeRules_1.pdf
Published: 1970-01-01

Judicial Trustee Rules
JUDICIAL TRUSTEES [CH.58 – 3



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 58

JUDICIAL TRUSTEES

JUDICIAL TRUSTEE RULES

(SECTION 4)
1. These Rules may be cited as the Judicial Trustee

Rules, and shall apply as far as practicable to all matters
and proceedings under the Judicial Trustees Act.

2. In these Rules —
“Act” means the Judicial Trustee Act;
“court” means the Supreme Court;
“officer of the court” means the Registrar or Deputy

Registrar of the Supreme Court.

APPOINTMENT OF JUDICIAL
TRUSTEE

3. An application to the court to appoint a judicial
trustee shall be made on the Equity Side of the court,
and —

(a) if not made in a pending cause or matter, shall
be made by originating summons; and

(b) if made in a pending cause or matter, shall be
made as part of the relief claimed, or by
summons in the cause or matter.

4. (1) The summons shall be served —
(a) where the application is made by or on behalf of

a trustee on the other trustee (if any); and
(b) where the application is made by or on behalf of

a beneficiary, on the trustees (if any), and in
either case on such (if any) of the beneficiaries as
the court may direct.

(2) Where the application is made by or on behalf of
a person creating or intending to create a trust, the summons
subject to any direction of the court, need not be served on
any person.

S.I. 61/1970

Title and
application.

Interpretation.

Mode of making
application.

Service of
summons.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) The court may give any directions it thinks fit,
either dispensing with the service of the summons on any
person on whom it is required to be served under this rule,
or requiring the service of the summons on any person on
whom it is not required to be served under this rule.

5. (1) Where an application is made for the appoint-
ment of a judicial trustee by originating summons the
applicant must, when he takes out the summons, supply for
the use of the court a written statement signed by him
containing the following particulars so far as he can gain
information with regard to them —

(a) a short description of the trust and instrument by
which it is, or is to be created, and of the relation
which the applicant bears to the trust;

(b) if a person is nominated as judicial trustee, the
name and address of the person nominated and
short particulars of the reasons which lead to his
nomination;

(c) if a person is nominated as judicial trustee, a
statement whether it is proposed that the person
nominated should be remunerated or not;

(d) short particulars of the trust property, with an
approximate estimate of its income, and capital
value;

(e) short particulars of the incumbrances (if any)
affecting the trustee property;

(f) a statement whether it is proposed that the
judicial trustee should be a sole trustee or should
act jointly with other trustees;

(g) particulars as to the persons who are in posses-
sion of the documents relating to the trust;

(h) the names and addresses of the beneficiaries and
short particulars of their respective interests;

(i) any exceptional circumstances specially affecting
the administration of the trust.

(2) An affidavit by the applicant verifying the
statement shall be sufficient prima facie evidence of the
particulars contained in the statement.

(3) Where the applicant cannot gain the information
necessary for making the required statement on any point,
he must mention the fact in his statement.

Statement to be
supplied on
application.

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6. (1) The court shall not be precluded by any
existing practice as to the appointment of trustees from
appointing any person to be a judicial trustee by reason of that
person being a beneficiary, or a relation or husband or wife of
a beneficiary, or acting in the capacity of a solicitor to the
trust or to the trustee, or to any beneficiary or a married
woman, or standing in any special position with regard to
the trust.

(2) A person may be appointed to be a judicial trustee
of a trust although he is already a trustee of the trust.

7. On the appointment of any person to be judicial
trustee the court shall make such vesting or other orders
and exercise such other powers as may be necessary for
vesting the trust property in the judicial trustee either as
sole trustee or jointly with any other trustee as the case
requires.

APPOINTMENT OF OFFICIAL OF
COURT TO BE JUDICIAL TRUSTEE

8. (1) Where an official of the court is appointed
judicial trustee, the Registrar or Deputy Registrar of the
court shall be so appointed, unless, for special reasons, the
court directs that some other official of the court should be
so appointed.

(2) Any official of the court appointed to be a judicial
trustee shall, on his ceasing to hold office, cease to be such a
trustee without any formal resignation.

(3) Where an official of the court is judicial trustee,
any trust properly vested in and held by him shall be vested
in and held by him under his official title and not in his
own name.

(4) Where an official of the court appointed to be a
judicial trustee of a trust dies, or ceases to hold office, his
successor in office shall, unless the court otherwise directs,
become judicial trustee of the trust without any order of the
court or formal appointment, and the trust property shall,
without any conveyance, assignment, or transfer, in
such a case become vested in the successor as it was vested
in his predecessor in office.

(5) For the purpose of the definition of “official of
the court”, in section 2 of the Act, any paid office in or
connected with the court shall be a prescribed office.

Removal of
restrictions as to
appointment of
trustees.

Vesting orders.

Official judicial
trustee.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

ADMINISTRATION OF THE TRUST
9. (1) A judicial trustee must, unless in any case

the court considers that it is unnecessary, as soon as may
be after his appointment, furnish the court with a complete
statement of the trust property, accompanied by an
approximate estimate of the income and capital value of
each item.

(2) It shall be the duty of the judicial trustee to give
such information to the court as may be necessary for the
purpose of keeping the statement of the trust property
correct for the time being.

10. (1) A judicial trustee, if not an official of the
court, must give security to the court for the due application
of the trust property, unless the court dispenses with security
under this rule.

(2) The court may, on the appointment of a judicial
trustee, or at any time during his continuance in office as
judicial trustee, dispense with security on the application
either of the person who is to be appointed or is judicial
trustee, or of any person appearing to the court to be
interested in the trust, and shall do so where a judicial
trustee is appointed on the application of a person creating
or intending to create a trust, and that person desires that
security should be dispensed with, unless for special
reasons the court considers that security is in such a case
necessary or desirable.

(3) The security must be given, either by recognisance,
bond, or otherwise, as the court directs, and with such
sureties as the court approves.

(4) If the court is satisfied that sufficient provision
is made for the safety of the capital of the trust property,
the amount of the security shall, in ordinary cases, be an
amount exceeding by twenty per centum the income of the
trust property as estimated by the court.

(5) The court may at any time require that the amount
or nature of the security given by a judicial trustee under this
rule be varied or that security be given where it has
previously been dispensed with, and a judicial trustee shall
comply with any such requirement.

Statement of
trust property.

Security.

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(6) It shall be a condition of every recognisance,
bond or other form of security given under this rule that the
judicial trustee shall give immediate notice to the court of
the death or insolvency of any of his sureties.

(7) Any recognisance, bond, or other form of
security given for the purpose of this rule may be vacated in
such manner and subject to such conditions as the court may
direct.

(8) Where security is not dispensed with, the
appointment of a person to be judicial trustee shall not
take effect until he has given the security required by the
court under this rule.

(9) Any premium payable by a judicial trustee to any
guarantee company on account of his security may, if the
court so directs, be paid out to the trust property.

11. (1) When a judicial trustee is appointed, a
separate account for receipts and payments on behalf of the
trust must be kept in the name of the trustees at some bank
approved by the court.

(2) All title deeds and all certificates and other
documents which are evidence of the title of the trustee
to any of the trust property shall be deposited either with
that bank or in such other custody as the court directs.

(3) The deeds or documents must be deposited in
the names of the trustees, and the judicial trustee must give
notice to the body or person with whom the deeds or
documents are so deposited not to deliver any of them over
to any person except on a request signed by the judicial
trustee and countersigned by the officer of the court, and
also to allow any person authorised by the officer of the
court in writing to inspect them during business hours.

(4) The judicial trustee must deposit with the court a
list of all deeds or documents deposited in any custody in
pursuance of this rule, and must give information to the
court from time to time of any variation to be made in the
list.

(5) The judicial trustee must, if at any time directed
by the court, give an order to the bank at which the trust
account is kept, not to pay at any one time any sum over a
specified amount out of the trust account except on an
order countersigned by the officer of the court.

Trust account at
bank and
custody of
documents.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(6) Any payments on account of the income of the
trust property may be provided for by means of a standing
order to the bank at which the trust account is kept.

(7) The court may give such directions to the judicial
trustee as may, in the opinion of the court, be necessary or
expedient for carrying this rule into effect, and for securing
the safety of the trust property.

(8) Where an official of the court is judicial trustee,
the court may direct that, instead of a separate account of
the receipts and payments on behalf of the trust being kept
at some bank approved by the court, all receipts on behalf
of the trust may be dealt with, and all payments on behalf
of the trust may be made, in such manner, and subject to
such regulations as to the accounts to be kept of the
receipts and payments and the procedure to be followed in
dealing therewith, as the Minister of Finance may direct.

12. A judicial trustee must pay all money coming
into his hands on account of his trust without delay to the
trust accounts at the bank, and if he keeps any such money
in his hands for a longer time than the court considers
necessary, he shall be liable to pay interest thereon at such
rate not exceeding five per centum as the court may fix for
the time during which the money remains in his hands.

13. (1) A judicial trustee may at any time request the
court to give him directions as to the trust or its
administration.

(2) The request must be accompanied by a statement
of the facts with regard to which directions are required, and
by the fee required under these Rules in respect of a
communication from the court with regard to the
administration of the trust.

(3) The court may require the trustee or any other
person to attend at Chambers if it appears that such an
attendance is necessary or convenient for the purpose of
obtaining any information or explanation required for
properly giving directions, or for the purpose of explaining
the nature of the directions.

14. The court, if satisfied that there is no reasonable
doubt of any fact which affects the administration of a trust
by a judicial trustee, may give directions to the
judicial trustee to act without formal proof of the fact.

Judicial trustee
not to keep
money in his
hands.

Directions to
judicial trustees.

Power to
dispense with
formal evidence.

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ACCOUNTS AND AUDIT
15. (1) The court shall give directions to a judicial

trustee as to the date to which the accounts of the trust are
to be made up in each year and shall fix in each year the
time after that date within which the accounts are to be
delivered to it for audit.

(2) The accounts shall in ordinary cases be audited
by an officer of the Audit Department, but the court, if it
considers that the accounts are likely to involve questions
of difficulty, may refer them to a professional accountant
in private practice for report, and order the payment to him
of such amount in respect of his report as the court may fix.

16. (1) The accounts of any trust of which there is a
judicial trustee, with a note of any corrections made upon
the audit, shall be filed as the court directs.

(2) The judicial trustee shall send a copy of the
accounts, or, if the court thinks fit, of a summary of the
accounts, of the trust to such beneficiaries or other persons
as the court thinks proper.

(3) The court may, if it thinks fit, having regard to
the nature of the relation of the applicant to the trust, allow
any person applying to inspect the filed accounts so to
inspect them on giving reasonable notice to the officer of
the court.

17. A judicial trustee shall, unless the court otherwise
directs, be allowed on the audit of his accounts deductions
made on the account of his remuneration and allowances
under these Rules and also on account of the fees paid by
him under these Rules, but shall not be allowed any
deduction on account of the expenses of professional
assistance, or his own work, or personal outlay, unless the
deduction has been authorised by the court in pursuance of
the Act, or the court is satisfied that the deduction is
justified by the strict necessity of the case.

REMUNERATION AND ALLOWANCES
18. (1) Where a judicial trustee is to be remunerated,

the remuneration to be paid to him shall be fixed by the
court and may be altered by the court from time to time.

(2) In fixing the remuneration, regard shall be had to
the duties entailed upon the judicial trustee by the trust.

Accounts and
audit.

Filing and
inspection of
accounts.

Deductions
allowed.

Remuneration of
judicial trustee.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) The court may make, if it thinks fit, special
allowances to judicial trustees for the following matters to
be paid out of the trust property —

(a) for the statement of trust property prepared by a
judicial trustee on his appointment, an allowance
not exceeding two hundred and fifty dollars;

(b) for realising and re-investing trust property,
where the property is realised for the purpose of
re-investment, an allowance not exceeding one
and a half per centum on the amount realised
and re-invested;

(c) realising or investing trust property in any other
case, an allowance not exceeding one per centum
on the amount realised or invested.

(4) The court may also in any year make a special
allowance to a judicial trustee, if satisfied that in that year
more trouble has been thrown upon the trustee by reason of
exceptional circumstances than would ordinarily be
involved in the administration of the trust.

(5) Where a trustee is remunerated, any allowance
under this rule must be paid in addition to his remunera-
tion.

(6) Any remuneration or allowance payable to a
judicial trustee shall be paid or allowed to him at such
times and in such manner as the court directs.

19. Where an official of the court is appointed to be
a judicial trustee, any remuneration, allowances, or other
payments payable to him on account of his services, as
trustee shall be paid, accounted for, and applied in such
manner as the Minister of Finance may direct.

20. (1) If the court is satisfied that a judicial trustee
has failed to comply with the Act, or with these Rules, or
with any direction of the court or officer of the court made
in accordance with the Act or these Rules, or has otherwise
misconducted himself in relation to the trust, the court
may order that the whole or any part of the remuneration
of the trustee be forfeited.

(2) This rule shall not affect any liability of the judicial
trustee for breach of trust or to be removed or suspended.

(3) A judicial trustee shall have an opportunity of
being heard by the court, before any order is made for the
forfeiture of his remuneration or any part thereof.

Application of
remuneration of
official of the
court.

Forfeiture of
remuneration.

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REMOVAL AND SUSPENSION OF
JUDICIAL TRUSTEE

21. (1) The court may at any time, either without any
application or on the application of any person appearing to
the court to be interested in the trust, suspend a judicial
trustee, if the court considers that it is expedient to do so in
the interests of the trust, and a judicial trustee while
suspended shall not have power to act as trustee.

(2) When a judicial trustee is suspended, the court
shall cause notice to be given to such persons appearing to
the court to be interested in the trust as the court directs,
and also to the persons having custody of the trust
property, and shall give any other directions which appear
necessary for securing the safety of the trust property.

22. (1) The court may, either without any application
or on the application of any person appearing to the court to
be interested in the trust, remove a judicial trustee if the
court considers that it is expedient to do so in the interests of
the trust.

(2) Any application to remove a judicial trustee must
be made by summons.

(3) A judicial trustee shall not be removed by the
court without any application for the purpose, except after
notice has been given to him by the court of the grounds on
which it is proposed to remove him, and of the time and
place at which the matter will be heard.

(4) The court shall cause a copy of the notice to the
trust to be sent to such persons appearing to the court to be
interested in the trust as the court directs, and the same
procedure shall be followed in the matter so far as possible
as on a summons to remove a judicial trustee.

23. Where an inquiry into the administration by a
judicial trustee of any trust, or into any dealing or
transaction of a judicial trustee is ordered, the inquiry shall,
unless the court otherwise directs, be conducted by the
officer of the court, and he shall have the same powers in
relation thereto as he has in relation to any other inquiry
directed by the court.

Suspension of
judicial trustee.

Removal of
judicial trustee.

Inquiry into
conduct of
judicial trustee.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

RESIGNATION AND
DISCONTINUANCE OF JUDICIAL

TRUSTEE
24. (1) If a judicial trustee desires to be discharged

from his trust he must give notice to the court, stating at
the same time what arrangements he proposes to make
with regard to the appointment of a successor.

(2) The court shall give facilities for the
appointment on a proper application of an official of the
court to be judicial trustee in place of a judicial trustee who
desires to be discharged, in cases where no fit and proper
person appears available for the office, or where the court
considers that such an appointment is convenient or
expedient in the interests of the trust.

25. (1) Where there is a judicial trustee of a trust,
the court may at any time on the application made by
summons of any person appearing to the court to be
interested in the trust, order that there shall cease to be a
judicial trustee of the trust, whether the person who is
judicial trustee continues as trustee or not.

(2) If the court is satisfied that all the persons
appearing to the court to be interested in the trust concur
in an application under this rule, the court shall accede to
the application, and in any case shall ascertain as far as
may be the wishes of those appearing to the court to be
interested in the trust with regard to the application.

(3) Where an order is made under this rule, the court
shall make all such orders as may be necessary for carrying
it into effect, and where in pursuance of any such order a
new trustee is appointed in the place of an official of the
court, shall make all such vesting or other orders and
exercise all such other powers as may be necessary for
vesting the trust property in the new trustee either as sole
trustee or jointly with other trustees as the case requires.

SPECIAL TRUSTS
26. (1) Any person who is an executor or adminis-

trator may be appointed a judicial trustee for the purpose of
the collection and distribution of the estate of a deceased
person in the same manner and subject to the same
provisions as in the case of an ordinary trust.

Resignation of
judicial trustee.

Discontinuance
of judicial
trustee.

Executors and
administrators.

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(2) Where an administrator has given an administra-
tion bond, he need not give security as a judicial trustee
under these Rules unless the court directs that he is to do
so.

27. (1) An official of the court shall not be appointed
or act as judicial trustee for any persons in their capacity as
members or debenture holders of, or being in any other
relation to, any incorporated or unincorporated company
or any club.

(2) Where the circumstances of any trust of which
an official of the court is a judicial trustee, or of which it is
proposed to appoint an official of the court to be a judicial
trustee, involve the carrying on of any trade or business,
special intimation of the fact shall be given to the court
either by the judicial trustee or by the person making the
application for the appointment of the judicial trustee, as
the case may be, and the court shall specially consider the
facts of the case with a view to determining whether the
official of the court should continue or be appointed as
judicial trustee and whether any special condition should
be made or directions given with a view to ensuring the
proper supervision of the trade or business.

EXERCISE OF THE POWERS OF THE COURT
28. For the purpose of the Act or these Rules the

officer of the court may exercise any power which may be
exercised by the court except the power of making an order
for the appointment of a judicial trustee or making any
vesting order, and may perform any duty to be performed
by the court, and may hear and investigate any matter
which may be heard or investigated by the court, subject in
any case to the right of any party to bring particular points
before the judge.

29. (1) It shall not be necessary to take out a
summons for any purpose under the Act or these Rules,
except in cases where a summons is required by these
Rules, or where the court directs a summons to be taken
out.

(2) Where a judicial trustee desires to make any
application or request to the court, or to communicate


Special trusts.

Exercise of
powers of court.

Communication
between judicial
trustee and court.

CH.58 – 14] JUDICIAL TRUSTEES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

with the court as to the administration of his trust, he may
so do by letter addressed to the officer of the court without
any further formality.

(3) The court may give any direction to a judicial
trustee with regard to the administration of his trust by
letter signed by the officer of the court, and addressed to
the trustee without drawing up any order or formal
document.

(4) For the purpose of the attendance at Chambers
of the judicial trustee or any other person connected with
the trust for purposes relating to the administration of the
trust the officer of the court may make such appointments
as he thinks fit by letter without the service of formal
notices.

(5) Any document may be supplied for the use of the
court by leaving it with, or sending it by registered post to
the officer of the court.

FEES
30. (1) The fees set out in the second column of the

Schedule shall be paid in respect of each of the matters
mentioned in the first column of the said Schedule opposite
thereto.

(2) The fees paid by a judicial trustee may be deducted
out of the income of the trust property unless the court
otherwise directs.

(3) Any fees payable under these Rules may be
remitted by post, and may be so remitted in any manner
except by means of postage stamps or coin.

(4) All fees payable under these Rules shall, except as
provided by these Rules, be subject to similar provisions as to
payment, account, and application as other fees payable
in the court.

SCHEDULE (Rule 30(1))
1. On any matter for which a fee is

provided under the Rules of the
Supreme Court.....................................The fee so provided.

2. On a request to the court for —
(a) directions; or
(b) approval of any step taken, or to be taken,

in relation to the administration of a trust.....................$2.00.

Fees.
Schedule.

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3. On filing a statement of trust property, for
every $100.00 or fraction thereof of the estimated
value of the property then in possession.................... $0.50 subject to

a maximum fee
of $100.00

4. On filing an amended statement of trust
property, for every $100.00 or fraction thereof of
the estimated value of the property in possession
shown therein:............................................................ $0.50 subject to

a maximum fee
of $100.000.

Provided that, in estimating the value of such property there
shall be excluded any asset (or the proceeds thereof or any property
acquired with such proceeds) on which Fee No. 3 in this Schedule
has already been paid.

5. On filing —

(a) the accounts of a trust; ..................................................$2.00.

(b) any other document relating to a trust...........................$1.00.

6. On —

(a) auditing the accounts of a trust when audited by an officer
of the Audit Department; or

(b) referring the accounts of a trust to a professional
accountant in private practice for a report;

for every $250.00 or fraction thereof of the gross
amount of the income without allowing for any
deduction therefrom..................................................$0.50 subject to a

maximum fee
of $50.00.

7. On inspection of filed accounts, for each hour
or part of an hour occupied.......................................$1.00 subject to a

maximum fee
of $5.00.
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