Public Trustee
Posted by: mistymae53
12th Mar 2012 12:15pm
I wondered if any-one on here has had dealings with the Public Trustee in relation to Wills, and management of people's income. Would you recommend the Public Trustee, what do you think!
You must be a member to reply to this chat topic. Click here to sign in.
Help Caféstudy members by responding to their questions, or ask your own in Café Chat, and you will get the chance of earning extra rewards. Caféstudy will match these and donate equally to our two chosen Australian charities.
Australian Marine Conservation Society are an independent charity, staffed by a committed group of scientists, educators and passionate advocates who have defended Australia’s oceans for over 50 years.
ReachOut is the most accessed online mental health service for young people and their parents in Australia. Their trusted self-help information, peer-support program and referral tools save lives by helping young people be well and stay well. The information they offer parents makes it easier for them to help their teenagers, too.
Comments 107
hispania
Check whether you are signing up for a will to be drawn up of for the will to be handled upon the death of the person whose will it is.
hispania
They take too long to process things and their fees are expensive. Look around for a lawyer to help you - one whose fees are transparent.
Robert31584460
I have had public trustee of south Australia for a few years. They are not helpful at all. They didn't pay my rent for more than a year, then when they finally started paying it again, they made my landlord agree to letting me not have to owe him for backrent for the year. They charge fees for what I am able to do on my own, but once you are under them, it is quite difficult to prove you don't need their services. I managed to escape their clutches once before, and I hope to do it again early next year at my review with s.a.c.a.t. Also I would like to say that Neuro psychologists are just as corrupt as public trustee officers. All money hungry sharks. Lawyers included
Chips1955
No definitely not they are rip offs
Shayne 31425681
I been under public trustee for over ten years as i have a administration order there unfair i can aford to live problie i had i $212.000 give to me a few years ago i want to get a ford ragenr but i was told to get a holden cololdao for base molde but the ford top of the ragen was the same price as the holden i do t do drugs doing drink but i
Live in a jail with no bars and now i am working they take all that to and they wonder why i want to kill myself and there wining so so i will be dead
Shayne 31425681
I been under public trustee for over ten years as i have a administration order there unfair i can aford to live problie i had i $212.000 give to me a few years ago i want to get a ford ragenr but i was told to get a holden cololdao for base molde but the ford top of the ragen was the same price as the holden i do t do drugs doing drink but i
Live in a jail with no bars and now i am working they take all that to and they wonder why i want to kill myself and there wining so so i will be dead
Anonymous
Public Trustee SA is absolute rubbish. Four years to settle a deceased estate. Companies who have clients whose financial affairs managed by the SA Public Trustee automatically allow cover for one month in arrears of payments [Medibank, Ambulance cover, etc.] because they NEVER pay on time. SA Public Trustee don't return or reply to phone calls, emails or letters - even from Members of State Parliament. They are completely autonomous. I doubt that the most recent conviction of corrupt employee is the only instance.
Anonymous
Hi Alison, SA PT like all the other states should be disbanded, they are absolute gutter trash. If you have further interest in how these parasites operate we have a website currently under construction which is dedicated to educating all Australian in regards to PT and their associated accomplices. It will also act as a support group for the thousands of victims of these filithy institutions. Your story is one of thousands and it will only get worse if people are not aware of what is happening.I am also from SA so if you have any questions let me know. AASGAA-Australian Association to stop Guardianship & Administration Abuse.
col
Be careful. My brother in law had to sell the farm to cover the fees but this was after the agreement had been in force for many years so it may vary with time.
Anonymous
https://www.facebook.com/groups/hrftv/
AVOID THE PUBLIC TRUSTEE
JOIN THE ABOVE LINK TO JOIN THE FIGHT FOR ACCOUNTABILITY .. AND RECOGNITION OF THE HUMAN RIGHTS ABUSE THE "PUBLIC TRUSTEE" GETS AWAY WITH REGARDLESS OF WHO RUNS THIS COUNTRY.
IM A 20 YEAR VETERAN.
EXHAUSTED THE PUBLIC ADVOCATE.
AUSTRALIAN RIGHTS COMMISSION
UNITED NATIONS
AND EVERY OTHER AVENUE.
THIS IS A NATIONAL DISGRACE
SEE MY PAGE AND GET INVOLVED
praxidice
The Office of the Public Trustee (or equivalents in other states) is an officially sanctioned extortion racket run by psychopaths with no conscience and an obsession with destroying the lives of all they encounter. Needless to say there aren't words in the english language sufficient to describe the depravity of Offices of the Public Trustee. In Queensland alone, hundreds of well-documented fraud complaints have been filed with the QPS however the state government intervenes to prevent prosecution claiming actions against a major contributor to consolidated revenue are far too sensitive to be allowed. So much for the separation of powers doctrine. The PTQ maintains an incestuous relationship with the Adult Guardian and the QCAT kangaroo court, both of which it controls. Anyone who considers getting the Office of the Public Trustee in any state to do a 'free' Will' really should consult a good psychiatrist who can prove he / she is not being paid off by a state or commonwealth government. Sure the actual Will paperwork is done without charge, but only if you agree that the Public Trustee is the executor. I challenge ANYONE to identify one instance where an intended beneficiary got one red cent after the estate was plundered by Public Trustee criminals. Back in November 2015, the Sunday Mail printed a memo leaked by a PTQ whistleblower. The guts of the story was that PTQ staff dealing with a deceased estate are expected to delay settlement until the whole value has been consumed in fees. Before any Public Trustee muppet starts ranting about 'reasonable fees' , consider the $29,000 a colleague was charged for reading an eight page document. Despite laws in all states requiring government departments and quangos to have an internal complaints review facility, there is no provision whatever for recourse against entities in which the complaints review facility is farcical or none existent as is the case with all Public Trustees. Complaints against private lawyers are handled by Legal Services Commissions, but these useless entities refuse to accept complaints against government lawyers. Official statistics for watchdogs like the Ombudsman, and Crime and Corruption Commission, reveal that they accept less than 2% of complaints. Don't even bother complaining to kangaroo courts about their criminal cohorts in the Public Trustee as their standard mantra is 'the Public Trustee is competent' Interestingly the Peter Costello 'Independent Commission of Inquiry' didn't mention competence, in fact it said exactly the opposite. Likewise numerous complaints from victims whose estates and previously impeccable financial records were totally destroyed as a result of Public Trustee ineptitude. You won't hear about any of this in the media due to a carefully orchestrated protection regime for its cash cow devised by the legislature. Anyone wanting to view evidence and / or to meet with actual victims should respond to this post.
Anonymous
188 millions dollar is approx trustee profit that tells you all you need to know
Anonymous
No way...truth is they don't care about you and your family not will do anything that's in your best interest to date they have taken half of our mothers small estate in fees... they are nothing more than a money hungry corporation stay away... your best to have a complete stranger take of your estate than the public trustee...
praxidice
It needs to be mentioned that if one 'wakes up' to the fact that the Office of the Public Trustee' is a predatory criminal organization some time after having a Will prepared by this mob, and executes a new Will (which is theoretically then the 'Last Will and Testament'), the Office of the Public Trustee will refuse to return the earlier Will, often claiming that it has been lost. When the principal eventually falls off their perch, the 'lost' Will suddenly reappears and the Office of the Public Trustee submits to its cohorts in the kangaroo court that the principal lacked capacity to execute the later Will, consequently the Public Trustee Will must be considered the only Will. Needless to say the kangaroo court ALWAYS acceeds to the suggestions by its master and handler. Another common misconception is that an Enduring Power of Attorney acts as a living will. Be warned, the scum in the kangaroo courts have already figured that out and they employ a few 'hot buttons' to over-ride Enduring Powers of Attorney, Binding Death Nominations, and most other protective schemes. Mind you there are a few ploys these grubs have not yet been able to circumvent but i won't give details which would provide a heads-up to the scum in an open forum.
Anonymous
I have just spent 13 miserable months dealing with the public trustee, they have managed to turn me into a financial wreck after losing my parents who took out a free will kit with them so NO please do your homework before considering these parasites
Brooke 30503485
My sister passed away and I asked if the trustee would deal with her super and they did not want to know unless their was over $20,000 in the Super so I decided to do it myself.lucky there was just over $20.000 so that I could pay myself for my services as the Trustee take their costs annually.The costs are better going to yourself than them the Trustee.
Anonymous
Well It should all depend on the nature of the case. If the individual wants to save some money for a while then yeh. But also related to that case is that if that man wants his money back by the time he is ready to get back on his feet; or if he/she feels they have enough money now to invest in something they need or want that may be beneficial to their economy and they are unable due to the powers that control their money now then No. Really I think that public Trustee is a crock and their should be a lot more outside help to try and get that person off of it. Whats the world coming to when you have no power over your own money. Your very OWN money. But take it on the chin because I guess its not he end of the world. Think about those poor starving families over in the middle east and the wars that flood our tv channels and consume our humanity. Peace . P.S. Can somebody reply back and give me organisations that generally do help with getting people off of public trust. Thankyou kindly everyone.
Anonymous
Never ever put your faith in the Pubic Crustee.. my name for them after having been involved in a will dispute, managed by Queensland version of the above.
They will give you a short version of the fees. Once you pass away however, they take $50 000 on average in fees to manage the deceased estate. They have taken 12 months so far with the will dispute, cost the estate that $50 000, plus all of the correspondence and the incompetence of their staff. This is a rigid, uncaring body, whose staff are NEVER helpful or compassionate AT ALL.
I would suggest using them only if you HATE your family that is to be left behind and want them to suffer unnecessarily for a long time after you are gone.
col
Make sure anything you do is for a fixed fee. My brother in laws' father appointed a public trustee for his estate at a % rate. When he died the fee had compounded to the point where he had to sell the farm to pay the trustees.
Leah 101
The public trustee of Qld is an absolute disgrace!! I have sadly had to deal with them for the past 8 years and they still can't get it together except to harass,try to intimidate me and lie to me. They are totally incompetent and yes i have proof. they have no set policies or procedures once a case starts to escalate. While they may be "competent" to those who's cases are open and shut. ie executing wills. If things are more complex than that, well i wouldn't wish my experiences on anyone. They should be held accountable. I also wrote to the ombudsman who told me they could not do anything as the PT had an internal complaint department. I can understand why as they would not want it to get out about their complete mismanagement of estates.
praxidice
Ombudsmen generally, and the Queensland one is no different, were conceived purely as rubber-stamps for government policy. Have a look at the official yearly reports to parliament which show the average ombudsman deals with somewhat less than 2% of complaints received, the remainder being refused outright or send straight to the department responsible for the complaint. If you complain to the Attorney General, he or she will crap on about separation of powers despite the fact that the mere existence of a minister (legislator and head of a department) proves that separation of powers is a con intended to fool the sheeple into believing in democracy. Next time a bureaucrat trots out the 'internal complaints review' excuse, ask him or her what facilities exist to discipline an official entity that has either no complaints review arrangement or at best a farcical one (there is NO control whatever)
CAT17
I use Executive Trustees private company we have had our Wills with them from the day we were married 50 years. My husband passed recently and they were very helpful to me. I updated my Will with them and they drew up the new will to my expressed wishes
Yes there was a reasonable charge to lodge the Will and they do take a % but that is capped. For peace of mind and confidence that your wishes will be fulfilled I would recommend Executive Trustee highly. They ate in every state of Australia.
wildlife
The best advice I can give re this topic, is to thoroughly review this avenue, after all the depressing tales I have heard over 45 years plus from those involved with the Public Trustees.
griggy
Yes I have Mistymaie. And they were excellent. It is free and is very easy to do. The only cost is if you want a Power of Attorney. A will is very easy to do through Public Trustee, I would recommend it.
Regards
marlu
They take a percentage after you have died. If you are on a pension then you will not get charged for making one up. You can also get your Power of Attorney done through them for free if you have a will with them .They are not the best to deal with.
trix56
My parents used the public trustee and I have to say that when they both past their service was amazing. It was prompt and helpful and at a time when I was grieving as well it managed to sort everything out. They didn't have a huge estate so for people with small, simple estates I highly recommend their use!
Anonymous
I have had dealing with the public trustee and I would not recommend them.
My father had a will and the I think he must have had someone at the retirement village talk him into it and then he forgot all about it and then he went into a nursing home and a few years later he passed away and it was until I took all of his paperwork etc to have it sorted and it ended up costing a lot more money than just going to a solicitor - part of his money is being held in trust until my niece turns 18 and it does not earn interest - they took a lot of money out his meagre amount of money he had left for handling his estate.
rodster
Hi mistymae53.
I don't know whether you are fishing or genuinely interested in the reputation of the Public Trustee.
My gut feeling is that you are fishing, but that's ok.
I spent nearly 2 years fighting PTQ. Responses to my requests were either regurgitated from the PTQ manual, or non existent.
I became so incensed, I contacted QCAT ( Queensland Civil and Administrative Tribunal) in the hope that they might elicit something approximating an intelligent, honest response.
The explanation I was given by QCAT was that whilst they can issue directives to the public trustee, they are not able to 'police' them. In fact for the most part, the public trustee is self policing.
If you like chasing your tail, try finding someone or some government department within Queensland, to complain to.
My dealings with PTQ, Bundaberg were nothing short of a disgrace. When given a directive and a time frame by QCAT, PTQ Bundaberg simply did not comply.
It was up to an annoying ferret, ( namely me) to pester QCAT to pressure PTQ Bundaberg.
My experiences and research led me to believe the following of PTQ Bundaberg:
It is under pressure from government to increase revenue
PTQ Bundaberg was under threat of closure
It is incompetent
It uses the big brother approach when threatened
It should not be self policing
It is a loose cannon with far too much unchecked power
cover ups are common
It has neither the ability nor the controls to manage people, their assets or finances
It does not adhere to its own 'General Principles' ( which by law it is supposed to)
confuses individuals with paperwork and legal terms
can, remove an individual's rights, finances and assets, through guile, legal mumbo jumbo and opinions of those who are often not qualified to make professional assertions.
If you think I am making unfounded claims, I can assure you this is straight out of the record books.
I found a copy of a letter GAAT, QCAT's predecessor, sent to its intended victims. It reads like this;
What you should know about a hearing
A hearing is similar to a court hearing in that the Tribunal examines documents( such as reports) and hears evidence from the active parties. Also the Tribunal must comply with the principles of natural justice-to be fair(without bias) and to give people an opportunity to present their case. However there are important differences. The Tribunal is less formal than a court of law and is not bound by the legal rules of evidence. Depending on the complexity of the matter, there could be one, two or three Tribunal members on the panel.
Now if this piece of literary diarrhoea doesn't put a potential victim's mind at ease, it goes on to say;
The hearing is an opportunity for anyone with a genuine interest in the matter to put their views forward and have them considered. If you feel you need someone to come to the Tribunal to help you put your view forward, you can bring a "support person" with you. Any additional written material you wish to present must be provided to the Tribunal at least 3 days before the hearing date.
Now all this makes perfect sense?????? It boggles my mind. Imagine how difficult it must have been for the poor victim who had just suffered a severe stroke and was unable to speak!!!
The issues with PTQ are not unique. Most government departments, at least in Queensland are facades. Once you scratch the surface there is either nothing of substance or nothing there at all.
In a land which was settled by convicts, it would appear little has changed, except they now occupy seats of power.
The Constitution is ultimately responsible for the crimes perpetrated against the individual in this country. When any document states that "It is assumed all Australians have rights", it is a statement to the contrary, especially when it goes on to say......" unless the State should determine otherwise and will bla bla bla then determine what is in the best interest of the individual"
In any country where there is a Bill or Charter of Human Rights, the State is bound by this to protect the rights of the individual and government departments like the public trustee MUST act diligently, carefully and within the confines of the Bill/Charter.
For every case criticizing the public trustee, you hear about, there are probably 50 times that number you don't. And what of those who don't know ant better or those who are handicapped or disabled?????????????!!!!!!!!!!!!!!!!
praxidice
Leah is grossly understating the problem. One of its goons told me during a hearing (on the record and in the hearing of a QCAT member) that 'we've been getting away with it for thirty years'. No watchdog will touch the Public Trustee and the kangaroo court openly conspires with the Public Trustee to pervert the course of justice.
praxidice
The Public Trustee is not only unbelievably inept, it is also a byword for corruption. Anyone unfortunate enough to fall into its clutches will have their assets systematically plundered. Those living in their own homes will be targeted for a shonky ACAT test to legitimize their abduction and placement in one of several horrible 'nursing homes' controlled by the Public Trustee. Owner occupied homes are exempt from fees, hence the obsession with turning that into a profit centre. QCAT is merely a tool of the Public Trustee, as can be seen from published decisions. Anyone wanting to explore this stuff further should google 'Committee to Expose the Public Trustee'. I disagree with the suggestion that there are fifty times the number of 'unknown' victims, in reality their number is well into the tens of thousands. Even the staff boast of 8,900 victims in Queensland and over 40,000 across Australia.
Leah 101
Hi Rodster,
i have been dealing with the PT for far too long now. Bullying intimidation lies and rudeness seem to be their tactics along with complete incompetence. They need to be held accountable. I wrote to the ombudsman re complaint and got the same reply about their internal complaint department. If this is the way they have and are treating me I hate to think about the elderly or the disabled. In the public trustee act it says they can hold a term of no longer than five years. I bought this up to the PT solicitor as we are now coming up to 9 years and asked her who is responsible for allocating another five years to this "term" she said" Oh, no-one these things can take decades!!!" anyway if your still about I'd be interested in hearing from you. I'm thinking about going to a current affair program to see if they are interested. It wont help me but it could help others.
alison48
our family had a sad, bad experience with guardianship board who caved to external pressures to change their directon with our case.
an uncle used public trustee for his will and we had no problems. all finished within 6 weeks of his death. dotty
praxidice
Do you work for this evil, bottom-feeding mob of criminals ??
super88
I put this disclaimer first - I am not a solicitor and this is just my thoughts on the matter.
A solicitor or the public trustee will help you prepare a will.
They usually charge a fee, but where they make their money is in the fees they charge for administering the will (not preparing it).
They will probably,casually,select themselves as the executor (administrator) of the will.
It's your will, you can appoint them as co-executor along with a trusted friend or relative if you want. Or appoint a completely seperate executor.
I prepared a will with a solicitor and when I told him I already had an executor in mind he said "Fine , I'll just put myself down as the option, in the case where that person dies before you."
Administering the will is where they make their money, they charge the estate for their sevices.
If you have a trusted friend or relative consider appointing them as the executor or co-executor.
The person administering the will (the executor) can employ anybody or agent required at the expense of the deceased estate, to assist in administering the will.
It doesn't matter if you have a friend you've known for years and is trusted by your family. The executor can appoint who he chooses, unless specified in the will.
It would be a conflict of interest to appoint one beneficiary as the sole executor,in the case where there are multiple beneficiaries.Their is always a possibility of a difference of opinion and emotions run high in these situations.
That is why people often choose an independant company.
You can still consider appointing one beneficiary as a co- executor. I would expect a company or solicitor to argue against this as it would take some of the power away from them and they could possibly be required to consult and seek agreement where they would otherwise just act in a standard way.
To them it is just what they do for a living. It's not personal and that can be a good or bad thing.
On the question of administering income.
Again it's just a job that has to be done.
No-one will do it the same way as a personally involved individual, but where required the PublicTrustees should make sure any government or other assistance,social workers etc. that can be made available will be provided for a person who is under their guardianship.
This, again, can be a good or bad thing depending on the individual concerned.
None of this stuff is easy, even when you are doing it yourself.
Good Luck.
praxidice
Nobody in their right mind would have anything to do with the Public Trustee. Sure they do the will paperwork for free, but only if they are listed as executor. Their MIS-management fees are around five times what a private lawyer would charge and I've yet to meet a lawyer running a charitable institution. On of my acquaintances was supposed to inherit her mother's $1,300,000 will, however in the two years the Public Trustee had its grubby paws on the estate, it was totally consumed in fees. Mind you there was a small withdrawal of $600,000 that could only have been made by a PT operative but no explanation has been provided, and the immunity afforded to the PT means that its effectively unaccountable to anyone. The Committee to Expose the Public Trustee can provide REAMS of comparable horror stories.
Ricky's
Yes,they are not explaining to the seniors the difference between power of attorney and executor of a will.my mother didn't know that the public trustee was the executor of her will,they just put themselves as executors.do your self a favour and check any will with public trustee,they are ruthless.
Ricky's
Yes,they are not explaining to the seniors the difference between power of attorney and executor of a will.my mother didn't know that the public trustee was the executor of her will,they just put themselves as executors.do your self a favour and check any will with public trustee,they are ruthless.
Ricky's
Yes,they are not explaining to the seniors the difference between power of attorney and executor of a will.my mother didn't know that the public trustee was the executor of her will,they just put themselves as executors.do your self a favour and check any will with public trustee,they are ruthless.
Blossom
I forgot to add that when I changed my will I got a rather "abrupt" letter advising me that my solicitor had advised them that I had changed my will. I certainly did not like the way the letter was worded.
Blossom
When I made my first will - with the Public Trustee I was told that they would be acting as Executor- but you don't have to pay to have a will made for you.
At a later date, due to a change of circumstances I needed to update my will. On adivce from a relative I decided to go to the solicitor they have always used. She was very helpful, explained to me how they would word some parts of it so there was no loopholes. She also showed me what their fees currently are for handling estates with them as executors.. Then I asked her if she knew what the Public Trustee would charge based on what my assets were at that time. The solicitor was able to look it up on her computer. The difference was HUGE. I have since sent them a letter with details of change of address for both myself, beneficiaries and those involved in Enduring Power of Attorney and Power of Attorney combined in one document (regisered in the appropriate court as one document). I received a letter stating that the ordinary records in their files have been changed at no charge, also their database with names and addresses..
margw
My aged uncle has his will with the Public Trustee. However, there is a glitch in his Centrelink payments to the Aged facility he is in, and it was recommended I should be his Power of Attorney, even though I have authourisation to his bank account. The Public Trustee said they can do this for me for a 'small fee' of $700! My uncle has only enough money in the bank for his funeral - so it is not a little amount to him! I shall have to go through other means!
jennypf
My in-laws used the state trustess to administer both their estates. Our experience was stressful and protracted. The trustee (or the people who work in the trustee office) are disinisterested in the affairs of others, their work ethic was shoddy, their honesty quesitonable and their idea of customer service very limited. We had to push for decisions at every turn. We had to advise them how to do their job (they left the family farm uninsured for a period of time / including no public liablity insuarance). The estate was paying a large sum for their services and we had to watch them like a hawke - luckily we have experience in the finance idustry and knew what they should have been doing. After our experience I would never encourage anyone to use the States Trustees - they are a government body who manages vulnerable people's affairs and they are rarely questioned or called into account.
Beware of any dealings with them....they are disengaged public servants who are not interested in the client. Harsh but true.
sanpan
Yes my husband and I have over a period of 5 years had dealings with the Public Trustees in Victoria. They are the BIGGEST RIPOFF organisation EVER, with the most self important, arrogant employees you would find anywhere. Not to mention their threatening attitude if they don't get their way. They think they are entitled to know more than they are. Our solicitor actually reported one of the PT's so called Lawyers for the way the letters from them were written to my husband. Thank god we do not have to deal with them anymore. I would not recommend them to my worst enemy.
888shelley
I agree with you 100% altho my father had to deal with Qld PT. He had no end of trouble getting mum's and his house transferred into his name when she died, costly too! He then lodged his will with private solicitors who have been fabulous help to me when he died 2 years ago. I made my will through an online company "Law Depot.com" cost <> $20 and lodged it with my solicitors. It was soooo easy and allowed me to do exactly as i wanted, in fact the JP I took it to for signing was extremely impressed with the detail and is recommending it to other people.
opojack
i have delt with public trust for 39 years in association with my late fathers estate.
they have always treated me right and fair in all ways and i would not hesitate in reccomending them...opojack
Swan
My mother made her Will with the Public Trustee. There is a dispute in the family and they have decided they no longer want to be Executor and are passing it on to a private solicitor. I don't like the organisation at all. They have a very poor reputation in legal and financial circles.
Blossom
They take forever to pay accounts for Guardian accounts too. The manager of a retirement village (part of which is equivalent of low care in an aged care facility) put a TV on her Bankcard to get one for a disabled resident who was under the Guardianship Board after getting permission to do so. It was several months before the lady was reimbursed for it - after querying when she was going to be paid 2 months after she sent a 2nd copy of the supplier invoice in. Her adult children who were living in her house wouldn't buy it for her.
trix56
About 4 years ago when my mother died, my parents had lodged everything with the public trustee. It perhaps took a little time (butt I have no idea how long these things take) but I found them extremely helpful when we stumbled across a problem. Nothing was too hard for them and they managed to get around our problem in a completely legal and compasssionate way. Really I had very little to do, it was all done for me and I found them extremely easy to deal with.
Anonymous
https://www.facebook.com/groups/hrftv/
Marybelle
I have my will with them. They also handled all the legalities when I bought my house. No fuss. It was ages ago now, but it was very professional & painless.
rosy@kempsey
I can only speak about the Public Trust Office in NSW. They draw up a will free of charge, and cover important legal points you may not think about.
They charge to administer the estate but then so does a Solicitor and they aren't cheap. I have known instances of the :Public Trustee waiving all or part of their fee where hardship would result, ie in the case of a war widow.
They also administer trust funds in cases where the beneficiary is not of legal capacity, again with fairness and impartiality. I would not hesitate to utilise their services, Your affairs will be ;properly taken care of, and you can trust them, completely.
I have personal knowledge of an estate where money was left for the care two dogs, beloved companions of the deceased. Each month, the Clerk of the Court, acting as Agent for the ::Public Trustee, drove to the remote farmhouse where the dogs were being cared for, to check on and report on their welfare.
No minute detail is too much trouble, and you need to leave your affairs in the hands of somebody you can trust, implicitly.
liz
We have our wills made by the Public trustee in Glen Waverley Vic. At all visits they have been personable and we were given some very good sensible advice about a couple of issues which we hadn't thought of. Their fees are quite reasonable and we feel more than confident that our wishes will be carried out fairly and without bias. Please do NOT EVER land the job of Executor on a family member, even if you trust them. Its a pig of a job and one I would never inflict on anyone I know. The Public Trustee or a solicitor can do it jointly with a friend or relative if you really want someone you know to do it. But its a horrible stressful thing for a relative to have to do. This is personal experience talking, both my dad and my husband had to be Executor of wills and they hated it, so much pressure from other greedy rellies demanding their share. A lot of work, accusations of bias and unfair distribution etc etc. Not worth it.
CSD
I have found the discussion helpful. I have not yet made up a Will, and with advancing years, believe this is now becoming urgent. My family and most friends all live overseas. The few friends I have in this country do not have time, due to their own family and work commitments, or lack of knowledge to act as an Executor. I have already decided on a pre-paid funeral.
I guess the Public Trustee is really my only choice, since the simplest thing to do is have everything sold that can be sold and what is left of any money, after Trustee's fees etc, are deducted, transferred to family.
Your responses have clarified the best way for me to go. Thank you.
Anonymous
https://www.facebook.com/groups/hrftv/
Anonymous
No use private lawyer to handle you affairs DONT USE THE PUBLIC TRUSTEE
praxidice
For the benefit of anyone watching this thread, I understand that the Queensland Police Fraud Squad has received a significant number of complaints alleging fraud, misrepresentation and embezzlement on the part of the Office of the Public Trustee. There have been a number of other 'interesting' events involving Offices of the Public Trustee and comparable organizations (eg the NSW Office of Trustee and Guardian) in several states, with various sources suggesting more complaints will be filed in the forseeable future. The nature of complaints includes the Office of the Public Trustee using a victim's' funds for the benefit of the Office of the Public Trustee, conspiracy to pervert the course of justice, and manufacturing false documents. Note that the Office of the Public Trustee has accomplices in the form of the relevant kangaroo court / civil and administrative tribunal) and the Office of the Public Guardian in states where it is not combined with the Office of the Public Trustee. Regardless of official blurb, there is absolutely no semblance of independence between these criminal organizations. For the benefit of those who wonder why the blatant criminality hasn't been exposed in the press, there are very powerful and extremely influential crooks on the take, and these grubs can easily buy anyone they wish. The probability of any intended beneficiary receiving their bequest from a Will mal-administered by a Public Trustee is considerably lower than the chances of discovery of frogs feathers or rocking-horse droppings.
jjdrer
I found the super funds will not accept a binding nomination of a person/s if they are not financially dependent on you. You must be giving them funds, not buying anything for them on a regular basis. My understanding is there is Govt. rulings involved.
CSD
Thank you, a very thorough overview. I think my wishes are simple: All my possessions and house to be sold. A quick cremation in a cardboard coffin, since no-one will travel to Australia from the UK, Canada or New York, simply to attend my funeral. Just keeping things simple and cheap. After bills and fees have been paid, everything is to go to my niece in the UK.
Again, thank you.
mermaid
Chris
Regardless of whether you have family or friends overseas is not dependant on making a will and legally taking the option to seek guidance within your community or with legal aid.
Firstly, a free will kit is available to everyone. Drafting your will have common aspects in all states whereas the rules differ. I have made my own will and had zero complexities.
The will must be in writing and you must have testamentary capacity in laymans terms of sound mind and understand the implication of making a will, the assets you have and who your beneficiaries are.
Make clear your beneficiaries names will eliminate any complexities of legal terms that will require legal costs and delays!
Have two independent witnesses that are not beneficiaries or spouses of beneficiaries that deem their inheritance invalid.
Appoint an executor their role is to distribute your assets according to your wishes and apply to the Supreme Court for your probate the document that permits administering your estate, lodge tax returns and where applicable establish a trust for bequests given to young children to protect their inheritance when they become of age.
While the role is onerous and time-consuming there will always be someone willing to take responsibility to uphold your wishes!
I appointed an a substitute in the event the first was unable to. While solicitors and trustee companies are also useful. They come with farm too many complexities and are very costly to chase and some unethical! in practice unprofessional in manner and down right not interested unless there is profit after all that is the key to having Public Trustees to wind up estates and enforce confusion with legal paperwork for the ordinary citizen to comprehend.
Remember to advise your executor and substitute where the will is safely stored preventing the law assumption it has been destroyed by you with the intent of revoking it.
The general rule of thumb to keeping your will up to date is every 5 years however, I do this every 3 years which effectively links to my super. This ensures where your circumstances change the will also changes preventing been over ruled by state government rules.
A simply example could be de facto relationships, marriage, seperation or divroce all completely legal that will change the way your will is distrubuted.
Other things to consider are shares real estate things that will either increase or decrease over time that may affect your distribution.
Super can be tricky if taken out life insurance through your super fund. You may have limited control over how the money is distributed. This results from the trustee of your super fund and usually a dependant otherwise it goes towards your estate.
Not all super funds accept a binding nomination that provides certainty on who receives how much. This requires updating every 3 years otherwise its out of date again nominating a beneficiary is best. Dependants receive the money tax-free non-dependants may have to pay tax.
Whatever your circumstances, in my personal view and with personal experience of people making a will and having it overturned by Public Trustee Services I will vote making your own will is achievable and not a nightmare as the Public Trustee in my state advised.
In addition, while every persons circumstances are different it is very achievable. There are retired judges lawyers in every state, seek their advice and they will not only support you creating your will, point you in the direction of an up and coming lawyer if required.
Hope this helps iron out the wrinkles of anyone seeking further knowledge.
mistymae53
Is there any-one on this site that receives their income through the Public Trustee due to a disability or illness, especailly in S.A. if so I would really appreciate your impression of them. Do you have faith in the Public Trustee to handle your income if you are unable to due to illness or disability. Thankyou for any imput!
Anonymous
https://www.facebook.com/groups/hrftv/
praxidice
I am aware of a number of individuals who are in the unfortunate position of having Public Trustee criminals dish out a pittance from the victim's own funds. Typically the allowance is around half what the criminals grab in fees for themselves. It doesn't matter what state or territory is involved, or even what country because exactly the same financial abuse is rife in the US, Canada and most english-speaking countries. Check for example the National Association to Stop Guardianship Abuse website. The only thing one in which one could have faith is that the criminals will do their utmost to misappropriate every red cent in an estate. For example, a Queensland Sunday Mail whistleblower report included details of an internal memo telling staff they must delay finalizing a will for as long as humanly possible in order to maximize the fees charged. Anyone deluded enough to consider dealing with the most corrupt official entities on planet earth should go find a few previous victims and ask their opinion regarding whether or not they would do business with these dangerous reptiles again.
jennypf
I have already replied.......my mother in laws cash was invested against the instructions of the person who had financial power of attorney....by the States Trustee. This was prior to the GFC crash. The power of attorney wanted the money inevested in cash as my mother in law did not have a very long life expectancy. The trustees invested in shares....they even forged documents to try and cover this up when the error was identified. Only the threat of legal action enticed them to compesate us for their inaccurate if not fraudulent actions.
The management of her affairs was sloppy - everytime we complained or asked for clarification on a financial descision they had made...the case manager was changed......
I think disability services in your area should be able to advise of others who may be ethical in their management of your income........
I hope you find someone honest to manage your affairs. A trusted family member in consultation with a well regarded lawyer or accountant would be a cheaper and more accountable choice for me (lawyers and accountants are governed by legislation and governing bodies)
chemosa
Having recently been the victim of a family will being changed at the last minute, probably illegally, I have put my will, with the Public Trustees, for two main reasons.
!. Totally independant of family influences, and abuse of that influence,
2. Costs are minimal compared with Solicitors, and self-wills, are only valid if witnessed, and found before any previous will.
Sadly the solicitor dealing with the remainder of my siblings, was either mislead, or corrupt.
So my advice would be, Public Trustees, and take the time to be as explicit as necessary, in your wishes being carried out, including the most minor, to the most important, from, type of funeral service, to authorisation to turn off life.
support.
Also, make it well known to the trustee, your doctors, and those you trust, who is to be notified upon your death.
If my Mother had followed these suggestions, her true wishes would have occurred.
In short, YES definitely use the Public Trustee.
Anonymous
From experience that's all total rubbish the fees are high and do nothing at all for you except take everything your poor family that you will be leaving behind it's almost cruel of you to force them to suffer having to deal with the public trustee..
praxidice
it would be extremely difficult to identify a more deceptive and inept mob of criminals than the Public Trustee. For example, whilst the will document is indeed prepared without charge, that is conditional on the Public Trustee being named as executor. Fees are infinitely higher than what is advertized with all manner of additional costs appearing. A whistleblower was reported in the Queensland Sunday Mail late 2015 as saying an internal memo demanded staff delay settlement of wills as long as possible to maximize opportunity to levy fees. You won't read about 99% of the misdeeds in the mainstream media due to the identity of those on the take and measures in place to absolve the Public Trustee from accountability.
praxidice
Your comments could only have been prepared by a Public Trustee operative. Nobody who had any experience on the client / victim side of this mob of arrogant, evil, deceptive, inept and vindictive bottom-feeders would have anything remotely complimentary to say about the Public Trustee in any state or territory. Once they get their grubby claws into an estate, the beneficiaries can forget getting anything as the estate will inevitably be consumed in fees. Google 'Committee to Expose the Public Trustee' for details on cases that tell the truth, the whole truth, and nothing but the truth about the Public Trustee.
jjdrer
If another will is made the person for the latest one is supposed to notify the solicitor or Public Trustee that the earlier one is no longer valid.
The Public Trustee or Solicitor will not make contact until the Death Notice has appeared in a newspaper.
It is advisable that people carry details of medical history and medication taken.. of next of kin or anybody they want notified( not just in the event of death) but also in the event of illness or accident. If you are unable to give medical staff any details anything you have in your handbag/wallet could ultimately save your life. It could prevent you being given medication you are allergic to, or cannot have because of other medical problems. This information is used by Medical Personell but they only search for it in cases where the patient is incoherent.
hendrix
I had heard stories that they were hard to deal with, but the few times I've been involved with someone else's will through them, I've found them very fair and reasonable. I think they are the safest way to go if you have a relation with dementia. It is true that some children and relations take adv antage of an elderly person in that situation; but the majority do not. However, a rellie with dementia can become very aggressive and paranoid and accuse you of stealing from them. If the Public Trustee is in charge of the will and finances, you are protected too.
praxidice
I sincerely hope nobody is sucked in by deliberately misleading comments posted by Public Trustee operatives. Its really simple to distinguish between postings from PT staffers and legitimate postings. The former are glowingly positive whereas the latter are horror stories that give one goosebumps.
malc
As far as getting a free will drawn up my wife and I consulted one of the few lawyers who offer this and were not all that happy. He was busy with his court room 'clients' and missed an appointment we had made. When it was completed it was not totally as we wanted it and he was not there for the final sign off. In contrast the Public Trust gave us their undivided attention and were very helpful and professional.The only draw back is the percentage fees and cost against the estate when the time comes. Lawyers fees are not cheap either, so . . . ?
Anonymous
GET A JP. FREE
AVOID THE PUBLIC TRUSTEE
they are maggots
https://www.facebook.com/groups/hrftv/
Robyn
I would not recommend using the Public Trustee in Queensland unless you are desperate! Go talk to a solicitor and have him/her explain the pros and cons of using the Public Trustee. This initial consultation is usually at no charge. If you decide to use the solicitor to draw up your Will, the most you can be charged under state law is $250. (I don't think Anna has increased this yet).
praxidice
There is desperate and their is EXTREMELY desperate, and even then nobody in their right mind would go within a thousand kilometers of the Public Trustee. Personally I would **NEVER** even recommend the Public Trustee to my very worst enemy. Human Rights are a foreign concept to these vicious thugs and you can say goodbye to any funds or other assets in their hands as you'll never see either again in this lifetime.
abbg
Having spent many years in aged care management positions and dealing with families of residents, Public Trust and Public Advocate I would only use these offices as a last resort.
The Public Trust charges are higher than most legal offices and you can make a will very cheaply these days via Citizens Advice agencies. The administrator of a will does not have to be a family member it can be anyone you trust so if you can find an alternative my advice is to do so.
Feedback from families including widow/widower they end up with almost nothing like what they had believed due to the charges.
Think very very carefully first, and look for an alternative.
praxidice
EXACTLY. In my opinion, anyone considering using the Public Trustee QLD really needs to consult a particularly good shrink. Not only are the case managers certifiable lunatics with an ego light years ahead of their abysmally poor intelligence but the fees are nothing short of grand larceny. Interestingly there have been over the years a number of 'interesting' victims experiences posted on various websites but they have been quickly taken down on orders from the equally inept kangaroo court QCAT.
beetee
I have not personal experience with the Public Trustee..but some facts that are easily found are, as already stated, that a % of the will is taken by the Public Trustee to Act on behalf of the Estate. From what I can gather these fees are higher than a solicitors (eg. 1st $100.000 4.4%, 2nd $100,000 3.3%, 3rd Third $100,000 2.2% and Every dollar above $300,000 1.1% ).
It is very inexpensive to set up a will with the Public Trustee as the Estate seems to well and truely cover costs when the Will is executed.
I am sure they do a very competent, reliable and trustworthy job. However, It isn't that expensive to use a solicitor. You can always phone a few in your area. Most local solicitors are more than happy to provide you with an idea of their costs. it can offer be easier to disburse the Will through a local person, rather than a big, centralised organisation. But I guess that's a personal thing.
Most importantly above all though....we ALL just need to have a will. So at the end of the day, it doesn't really matter which way we go as long as we all have one drawn up!
Good luck whichever way you choose.
praxidice
Executing a Will with the Public Trustee absolutely guarantees that it will be totally consumed in fees well before any intended beneficiary gets a look in. The only value in a Public Trustee Will would be if you harbour a pathological contempt for your dependants / family members and wish to ensure they don't get a bean. In that case the Public Trustee will most definitely accommodate your wishes.
praxidice
The words 'competent', 'reliable' and 'trustworthy' do not belong in the same sentence as 'Public Trustee'. Personally I've never encountered an organization LESS competent, reliable or trustworthy. To describe the Public Trustee as a satanic cult would be a gross understatement. They have been able to escape scrutiny due to the extreme protection afforded by all manner of legislation although the organization itself displays total contempt for legislation, especially that to do with Human Rights. A number of extremely influential high flyers are on the take and those grubs are on the 'do not mention' list for media reporters.
jjdrer
I can assure you that the Public Trustee % rates in SA were a lot higher than that in 2009 and recently heard that they have increased them again. It depends how much the estate is worth whether or not there is sufficient funds to cover the charges or whether the house that is inherited by next-of-kin has to be sold to pay Public Trustee %. I know a young lady who inherited a house which was worth a lot but there was insufficient funds to pay the % charged by the Public Trustee.
At that time it cost about $120.00 to do a will with a solictor and their hourly was nowhere near as expensive as the Public Trustee.
thewillow
The Public Trust takes a % of the estate to handle the will. If you don't want to appoint someone to be the Executor of your will then they are the ones to help you. You can have your will drawn up by the Citizens Advice Bureau for a minimal fee, it will be the same as the Public Trust but you will need to appoint a relative/friend to be the Executor who is willing to handing your affairs.
Anonymous
https://www.facebook.com/groups/hrftv/JOIN US AND BE INFORMED
Anonymous
JOIN US https://www.facebook.com/groups/hrftv/
Anonymous
https://www.facebook.com/groups/hrftv/
JOIN US
Anonymous
https://www.facebook.com/groups/hrftv/
Anonymous
OI.. https://www.facebook.com/groups/hrftv/
DON'T KEEP YOUR EGGS IN ONE BASKET FFS.
MAYBE THINK ABOUT OTHERS TOO
CLINT AND YOUR OWN CASE ???
MAYBE TRY FIGHTING THE SYSTEM INSTEAD OF LOOKING AFTER JUST YOU.
AS YOU KNOW MY ONE IS DONE..
YET I AM STILL FIGHTING FOR YOU AND E V E R Y O N E.
FFS
Anonymous
https://www.facebook.com/groups/hrftv/
Anonymous
https://www.facebook.com/groups/hrftv/
praxidice
$200 per hour is bullshit. As I've noted elsewhere, a colleague was charged $29,000 for reading an eight page document of which 90% was pre-printed blurb. This extortionate overcharge was completely ignored by a senior member, who in fact recommended further charges be imposed. (all on official transcript)
Highly experienced criminal organizations like the Office of the Public Trustee have forgotten far more tricks than most of us will ever learn
I have one of the scum on transcript in the presence of a senior member of the kangaroo court responding to a my complaint regarding criminal misconduct and the response was 'we've been getting away with this for over thirty years ... you aren't going to stop us now'
praxidice
Costs disclosed by the Office of the Public Trustee cannot be relied on. Among other things, the only costs which 'might' be put in print are the typical mainstream extortionate MIS-management fees. Legal costs are never disclosed despite being typically several times MIS-management fees. Non-payment of accounts when due is par for the course. Note also that the Office of the Public Trustee is unaccountable to anyone. There is no internal complaints review facility (regardless of what the official blurb says), Public Trustee lawyers are immune to the Legal Services Commission, no politician or watchdog will even breathe on the grubs and even one of the most fearless criminal lawyers in Australia advised us he wouldn't dare bring an action against the Office of the Public Trustee as the office has more power and influence than any entity in the country. One of my colleagues who cost the organization tens of millions it anticipated from the 'free' Will racket has received a death threat.
Anonymous
Here here.... second your comment...
Anonymous
Think your missing all the extra fees they slug you with private lawyer $10,000 my grandfathers estate compared to fees from public trustee $200,000 for our mothers estate
Anonymous
$200,000 in charges to date and they still are finding ways to take the rest of our mothers estate watch out for trustee don't trust them their fee list is 39 pages long more expensive than any lawyer 10 fold
Anonymous
Never trust the public trustee.. mark my words they are a scam corporation out to take everything you have...
Anonymous
I couldn't agree more I'm dealing with these parasites for the last 13 months
Brooke 30503485
Well put it's so true I'd rather pay myself than them as I put it in the boys accounts.
Brooke 30503485
Well put it's so true I'd rather pay myself than them as I put it in the boys accounts.
praxidice
Never believe one word uttered by a Public Trustee operative. That tribe is adept at saying one thing whilst meaning something completely different. Staff are singularly less truthful than a politician (basically they are full of s**t) The ethos of the entity is best summed up as satanic. Money / assets held 'in trust' are regarded as the property of the Public Trustee and attempts by the rightful owner to reclaim them are strenuously repelled. Treat them as you would any other dangerous reptile.
praxidice
Don't believe one word uttered by the Public Trustee. Those organizations in every state and territory have had many years practice in misusing the english language and in inventing fees with which to consume every cent in an estate. In an ideal world, Public Trustees would be listed as criminal organizations whose typical modus operandi are fraud and extortion racket. To add insult to injury, they have been endowed with complete immunity to any kind of review, monitoring, oversignt, auditing or investigation. No watchdog will touch them. Treat them as you would any other dangerous reptile.
jackeroo
The Public Trustee in Victoria is one of the most hardnosed group I have ever dealt with. Slow to act and fast for fee taking. If you hate your relatives appoint them.
jjdrer
If the assets including cash are over a certain amount, you have to file documents to the appropriate court for probate(another Govt. tax). In SA the office is onlu open for limited time each day and you queue in line. If the form is filled in incorrectly in any way, you have to fill in another lot., take them back and stand in the queue once again.j If you don't get there early enough you may find you are not served.
Some staff with not tell the executor what has been filled in incorrectly either. If the executor doesn't have the time and is going to lose considerable income doing this it may be worth you passing it on to a solicitor.
One deceased estate I know of the public trustee handled in 2009 there was not much involved. House Deeds had to transferred to another family member, refund come from Retirement Village, a few accounts paid and cash distributed. it took them 12 months. There was no shares or assets involved.
That one took as long as one my Mother handled back in the 1960s. There was a house that had to be sold, a lot of shares with various companies. It was delayed because of the sale of the house and it took less time.
Re management of people's income in SA it is handled by the Guardianship Board. They take months to pay accounts even for accounts which are approved prior to purchase being made. In some cases they give the person involved an allowance but if you need something big, you have to apply and sometimes justify your request.
PGS
The land 'value' can be appealed & ask for a review.
Blossom
I wish it did in SA. They charge a fortune in fees and even after probate is cleared sometimes are very slow in paying bills.
In SA a friend of mine contacted the Public Trustee when his Mother passed away . He couldn't get an appt for a month and in that time they increased their charged % which always added a considerable amount because of the value of the house according to them, but it needed considerable maintenance carried out and there was no way it was worth all that but Valuer General Dept works on "land" value which is affected by value of surrounding properties.
keith
Thank you. I will follow up. $200 per hour is a fair amount, but it's much better than the private rate. Both rates are high, when its considered that most probate work is undertaken by clerks rather than qualified staff.
IanMutz
Check their website: http://www.pt.qld.gov.au/publications/fees-and-charges.html
They quote $199/hr (private solicitor $350 - $450/hr -their figures). Time taken would vary on the complexity of the will and what is written into it, I suppose. Fixed fees were brought in by the Qld Public Trustee in Dec 2001. Private solicitors might be faster. I don't know yet.
keith
_ : Your update is most interesting. Can you advise whether the fixed amount is constant whether the estate can be administered promptly or will entail dealing with funds over a number of years, such as until an infant attains his or her majority?
IanMutz
Qld Public Trustee recently changed their charging method Dec 2011). No charge for making up the will and a fixed amount for carrying it out. No longer a percentage.