Uganda Act or statute

Parliament of Uganda

Public Trustee Act

Jurisdiction: Uganda
Structure: 16 provisions
Citation: Chapter 161
Dates: Undated source snapshot

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Dates: Undated source snapshot

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“The Minister may appoint a public trustee for Uganda and may appoint deputies by notice in the Gazette; each deputy must be competent and, when acting, has the same privileges and liabilities as the public trustee, subject to the public trustee's control.”

The Government must pay from public funds any sums needed to meet liabilities that the public trustee would have had to pay as a private trustee, except where neither the public trustee nor their officers or agents contributed to the liability and could not have prevented it by reasonable diligence; in that exception the public trustee, their officers or agents, and the Government are not liable. The Minister may set fees and may set a maximum percentage for fees charged on annual trust income; the public trustee may fix the actual percentage year by year with the Minister's approval. The prescribed person must audit the public trustee's accounts at least once annually and whenever the Minister directs. The court may make orders concerning trust property vested in the public trustee, or the interest or produce of that trust property. The public trustee may incur expenditure for acts necessary to properly care for and manage trust property.

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1. Appointment of public trustee

The Minister may appoint a public trustee for Uganda and may appoint deputies by notice in the Gazette; each deputy must be competent and, when acting, has the same privileges and liabilities as the public trustee, subject to the public trustee's control.

Section 1

13. Court orders

The court may make orders concerning trust property vested in the public trustee, or the interest or produce of that trust property.

Section 13

2. Public trustee to be a corporation sole

The public trustee must be a corporation sole, has perpetual succession and an official seal, may sue and be sued, and instruments sealed by the trustee must not be liable to higher stamp duty than if the trustee were an individual.

Section 2

5. Appointment of public trustee as trustee by person creating trustby trust deed

A person creating a non-will trust may appoint the public trustee as trustee with the public trustee's consent; the public trustee must duly execute the instrument.

Section 5

9. Security not required from public trustee

Courts cannot require the public trustee to enter into a bond or security when appointed.

Section 9

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Showing 16 of 16 provisions

Provision 15Amendment

§ 11. Appointment of public trusteeProvision

Section 1. Appointment of public trustee Section The Minister, by notice in the Gazette , may appoint some fit and proper person to be public trustee for Uganda, and may in like manner appoint a deputy or deputies to assist him or her, and every deputy so appointed shall, subject to the control of the public trustee, be competent to discharge any of the duties and exercise any of the powers of the public trustee, and when discharging those duties, or exercising those powers, shall have the same privileges and be subject to the same liabilities as the public trustee.

Section 1

§ 1010. Government liability for Acts of public trusteeProvision

Section 10. Government liability for Acts of public trustee Section The Government shall be liable to make good out of the public funds of Uganda all sums required to discharge any liability which the public trustee, if he or she were a private trustee, would be personally liable to discharge, except when the liability is one to which neither the public trustee nor any of his or her officers or agents has in any way contributed, and which neither he or she nor any of his or her officers or agents could by the exercise of reasonable diligence have averted, and in that case the public trustee, his or her officers or agents shall not, nor shall the Government, be subject to any liability.

Section 10

§ 1111. Fees chargeableProvision

The Minister may set fees and may set a maximum percentage for fees charged on annual trust income; the public trustee may fix the actual percentage year by year with the Minister's approval.

Section 11. Fees chargeable Section There shall be charged in respect of the duties of the public trustee such fees, whether by way of percentage or otherwise, as the Minister may prescribe by rules made under this Act; except that in respect of any fee that may be charged by percentage on the annual income accruing for the benefit of any trust, either from money invested or from properties held in trust, the Minister may prescribe the maximum percentage that may be charged and the public trustee, with the approval of the Minister, may fix the actual percentage that shall be charged on that annual income year by year.

Section 11

§ 1212. Accounts to be auditedProvision

The prescribed person must audit the public trustee's accounts at least once annually and whenever the Minister directs.

Section 12. Accounts to be audited Section The accounts of the public trustee shall be audited at least once annually, and at any other time if the Minister so directs, by the prescribed person and in the prescribed manner.

Section 12

§ 1313. Court ordersProvision

The court may make orders concerning trust property vested in the public trustee, or the interest or produce of that trust property.

Section 13. Court orders Section The court may make such orders as it thinks fit respecting any trust property vested in the public trustee or the interest or the produce of the trust property.

Section 13

§ 1414. Powers to incur expenditureProvision

The public trustee may incur expenditure for acts necessary to properly care for and manage trust property.

Section 14. Powers to incur expenditure Section The public trustee may, in addition to any other powers of expenditure lawfully exercisable by him or her, incur expenditure on such acts as may be necessary for the proper care and management of any property belonging to any trust administered by him or her.

Section 14

§ 1515. Payments to minor beneficiaries in cases of small estatesProvision

If the public trustee holds property for a minor that was worth less than two thousand shillings when it came into the trustee's care, the public trustee may, without applying to the court, use or pay that property for the minor's maintenance, education, advancement or expenses, or transfer it to the minor's parent or another suitable person; receipt by that parent or person fully discharges the trustee.

Section 15. Payments to minor beneficiaries in cases of small estates Section Where any property is held by the public trustee for any minor beneficiary, and at the time when it came into the care of the public trustee, it was of less value than two thousand shillings, the public trustee, at his or her discretion and without any application to the court, may apply the whole or any part of that property for or towards the maintenance, education, advancement or expenses of the minor beneficiary, or pay or transfer the property to the father or mother of the minor or some other suitable person, on behalf of the minor, and the receipt of the father or mother of the minor, or of the other person referred to in this section, shall be a full and complete discharge to the public trustee so far as regards the share.

Section 15

§ 1616. Power to make rulesProvision

The Minister may make rules concerning custody, deposit and investment of funds held by the public trustee and to help implement this Act.

Section 16. Power to make rules Section The Minister may make rules for the safe custody, deposit and investment of funds which come into the hands of the public trustee and for better carrying out or rendering effective the provisions of this Act.

Section 16

§ 22. Public trustee to be a corporation soleProvision

Section 2. Public trustee to be a corporation sole Section The public trustee shall be a corporation sole by the name of the public trustee and as such shall have perpetual succession and an official seal, and may sue and be sued in his or her corporate name, but any instrument sealed by him or her shall not, by reason of his or her using a seal, be rendered liable to higher stamp duty than if he or she were an individual.

Section 2

§ 33. Power of public trustee to appoint agents, etc.Provision

Section 3 gives the public trustee power to appoint agents and delegate powers; the district commissioner is the public trustee's agent for their area; agents must act under the public trustee's direction; non-government agents must provide security and may be remunerated; the public trustee, deputy public trustee or an agent may appear in court; the public trustee may instruct and employ an advocate to be paid from the trust estate.

Section 3. Power of public trustee to appoint agents, etc. Section 3(1) A district commissioner shall be the agent in his or her area of the public trustee; but the public trustee may appoint such other person as he or she shall think fit to be his or her agent in that area either generally or in any particular trust estate or in any matter arising out of any trust estate. Section 3(2) The public trustee may, at his or her discretion, delegate to an agent any or all of the powers and duties conferred or imposed upon him or her by this Act. Section 3(3) An agent shall, in all respects, act under the direction of the public trustee who shall not be answerable for any act or omission on the part of the agent which is not in conformity with the power or duty delegated by the public trustee or which shall not have happened by the public trustee’s own fault or neglect. Section 3(4) An agent, other than an officer of the Government, shall find security to the satisfaction of the public trustee for the performance of his or her duties and may be remunerated either by salary or such fees as the Minister may from time to time by rule prescribe. Section 3(5) The public trustee or a deputy public trustee or an agent shall be entitled to appear in court, either in person or by counsel, in any proceedings to which the public trustee is a party. Section 3(6) The public trustee shall be at liberty, without the previous leave of the court, to instruct and employ an advocate in any case as he or she shall think fit; and that advocate shall be remunerated out of the funds of the particular trust estate concerned.

Section 3

§ 44. Powers and duties of public trusteeAmendment

Section 4 defines the powers and duties of the public trustee, including that the public trustee may act as an ordinary trustee or be appointed by a court; shall have the same powers, duties, liabilities and be entitled to the same rights as other trustees; may decline trusts; must not accept trusts under creditor compositions or insolvent estates; must not accept trusts involving business management except as rules allow; and shall always be the sole trustee.

Section 4. Powers and duties of public trustee Section 4(1) Subject to and in accordance with this Act and any rules made under it, the public trustee may, if he or she thinks fit— Section 4(1)(a) act as an ordinary trustee; or Section 4(1)(b) be appointed trustee by a court of competent jurisdiction. Section 4(2) Except that the Trustees Act and any enactment amending or replacing it shall apply to him or her, and subject as is hereafter expressly otherwise provided, the public trustee shall have the same powers, duties and liabilities and be entitled to the same rights and privileges and be subject to the same control and orders of the court as any other trustee acting in the same capacity. Section 4(3) The public trustee may decline either absolutely, or except on such conditions as he or she may impose, to accept any trust. Section 4(4) The public trustee shall not accept any trust under any composition or scheme or arrangement for the benefit of creditors nor of any estate known or believed by him or her to be insolvent. Section 4(5) The public trustee shall not, except as provided by any rules made under this Act, accept any trust which involves the management or carrying on of any business. Section 4(6) The public trustee shall always be the sole trustee, and it shall not be lawful to appoint the public trustee to be trustee with any other person.

Section 4

§ 55. Appointment of public trustee as trustee by person creating trustby trust deedProvision

A person creating a non-will trust may appoint the public trustee as trustee with the public trustee's consent; the public trustee must duly execute the instrument.

Section 5. Appointment of public trustee as trustee by person creating trustby trust deed Section 5(1) Any person intending to create a trust otherwise than by will, being a trust which the public trustee is not prohibited from accepting under the provisions of this Act, may, by instrument creating the trust, and with the consent of the public trustee, appoint him or her by that name or any other sufficient description to be the trustee of the property subject to the trust; but the consent of the public trustee shall be recited in the instrument, and the instrument shall be duly executed by the public trustee. Section 5(2) Upon such appointment the property subject to the trust shall vest in the public trustee and shall be held by him or her upon the trusts declared in the instrument.

Section 5

§ 66. Procedure in case of appointment of a public trustee as trustee under a willProvision

Executors or administrators must immediately notify the public trustee in writing and supply documents and particulars when the public trustee is appointed; the public trustee must then decide to accept or refuse and notify the executor or administrator, and if accepting must give written consent and state the terms.

Section 6. Procedure in case of appointment of a public trustee as trustee under a will Section 6(1) When the public trustee has been appointed trustee under any will, the executor of the will or the administrator of the estate concerned, after obtaining probate or letters of administration with will annexed, shall immediately notify the appointment to the public trustee in writing, and shall supply him or her with a certified copy of the will and of any trust instrument and other documents affecting the trust, and such particulars as to the nature and value of the trust property, and the liabilities, if any, attaching to such property or the holder of the property, and the names, ages and addresses of any beneficiaries under the trust, and such other information as the public trustee may consider desirable to obtain in any particular case. Section 6(2) After having been supplied with such information as provided under subsection (1), the public trustee shall decide whether the trust shall be accepted or refused, and shall give the executor or administrator notice of such acceptance or refusal, and in case of acceptance shall signify in writing his or her consent to act in the trust and the terms upon which his or her consent is given.

Section 6

§ 77. Appointment of public trustee by courtProvision

The court may order the public trustee to be trustee of trust property when no local trustee is willing or capable and an interested party or the public trustee applies; but if the application is not made by the public trustee, the court must not make the order without the public trustee's consent.

Section 7. Appointment of public trustee by court Section If any property is subject to a trust, other than a trust which the public trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the limits of Uganda willing or capable to act in the trust, the court may on the application of any interested party or of the public trustee make an order for the appointment of the public trustee to be the trustee of such property; but where the application is not made by the public trustee, no such order shall be made without his or her consent.

Section 7

§ 88. Transfer of legacy, etc. of infant or lunatic to public trusteeProvision

Allows a person, executor, administrator, or trustee to transfer an infant's or lunatic's gift, legacy or share to the public trustee in writing with the public trustee's consent, which must be recited and executed in the instrument.

Section 8. Transfer of legacy, etc. of infant or lunatic to public trustee Section If any infant or lunatic is entitled to any gift, legacy or share of the estate of a deceased person, it shall be lawful for the person by whom the gift is made, or the executor or administrator by whom the legacy or share is payable or transferable, or for any trustee of any gift, legacy or share, with the consent of the public trustee, to transfer the gift, legacy or share by an instrument in writing to the public trustee by that name or any other sufficient description; but the consent of the public trustee shall be recited in the instrument and the instrument shall be duly executed by the public trustee.

Section 8

§ 99. Security not required from public trusteeProvision

Courts cannot require the public trustee to enter into a bond or security when appointed.

Section 9. Security not required from public trustee Section The public trustee shall not be required by any court to enter into any bond and security on his or her appointment in any capacity under this Act.

Section 9

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