History

The office of the Public Trustee was created under the Public Trustee Act 1906, and the appointment to this office has always been statutory.

The need for the provision of a public body which could be considered by testators as a safe appointment as executor in a will or codicil, or as trustee of a trust, has over time been eroded by the availability of alternative suitably qualified professional help in the private sector.

In consequence, the Public Trustee has tended to become a trustee of last resort, thus providing a similar and overlapping service to that which had at the same time been developing within the office of the Official Solicitor, although the work taken on by the latter has tended to involve estates and trusts that are the subject of contention, and often requiring the Official Solicitor to be a party to court proceedings.

In the early 1980s the Court of Protection was relocated within the Public Trustee Office which later became known as the Public Trust Office. Additional responsibilities were subsequently given to the Public Trustee who acted as Receiver of last resort, performed judicial functions as authorised by the Court of Protection Rules, dealt with the registration of Enduring Powers of Attorney, and received notices on death previously required to be served on the Treasury Solicitor on behalf of the President of the Family Division.

The Quinquennial review of the Public Trust Office which was carried out in 1999 led to the substantial changes which are referred to below.

Merger of the Official Solicitor and Public Trustee
Since 2001 the offices of the Official Solicitor to the Supreme Court, and the Public Trustee have been housed in one office building, but they continue to have separate corporate functions.