§ Mr. Maxwell-Hyslopasked the Attorney-General whether unreasonable failure by a solicitor or chartered accountant acting as an executor of a will or trustee of a trust, for which professional services the will or trust concerned authorises payment to be made to an executor or trustee concerned, (a) to keep proper accounts as an executor or trustee, (b) to produce such accounts within a reasonable time to the beneficiaries who request them or (c) or within a reasonable time to supply such accounts or information as may be required pursuant to Section 13(1) of the Public Trustee Act 1906, constitutes grounds upon which the Public Trustee would normally require the expenses under Section 13(5) to be paid personally by the defaulting trustee or executor.
§ The Attorney-GeneralThis would be a matter for the Public Trustee. He would no doubt take such failure into account, with all other relevant circumstances, in considering what direction, if any, to make in the exercise of his judicial function.
§ Mr. Maxwell-Hyslopasked the Attorney-General on what grounds the Public Trustee makes an order pursuant to Section 13(5) of the Public Trustee Act 1906 requiring that the expenses of an investigation and audit shall be borne by the trustees personally; and on how many occasions in each of the years 1970, 1971, 1972, 1973 and 1974 the Public Trustee has made such an order after an investigation and audit pursuant to this Act.
§ The Attorney-GeneralIn the exercise of his judicial function the Public Trustee has regard to the law and practice of trusts and the actions of the parties in relation to the circumstances of the case. No audit was carried out in any of the years mentioned.