General information
The Public Guardian and Trustee (PGT) provides two types of services: Trust and Estate Services and Public Services.
Trust and Estate Services include service where the PGT represents the private interests of its clients and manages their individual financial and legal affairs. For example, acting as committee of estate, trustee or administering an estate of a deceased person. Clients are charged a variety of fees for these services.
Public Services include services where the PGT protects, monitors or provides oversight of services that support vulnerable people. For example, reviewing a settlement on behalf of a minor, reviewing the accounts of a private committee or investigating allegations of abuse, neglect or self-neglect of a vulnerable adult. For some of these services, the PGT charges a fee and for others, the PGT receives funding from the government to provide the service.
The B.C. government establishes and reviews PGT fees under the Public Guardian and Trustee Act. You can see all the fees as set out by the B.C. government in the Public Guardian and Trustee Fees Regulation. All fees are also subject to Goods and Services Tax (GST).
We may excuse or refund fees under the Public Guardian and Trustee Fees Regulation when the fees are unfair or cause hardship to a client.
Timing of fees
Fees are charged and collected at different times. The timing is set by the Public Guardian and Trustee Fees Regulation. The asset management fee, for example, is charged monthly.
Other expenses
There are other expenses that a client may have to pay. These include:
- Real estate agent fees for selling property
- Moving and storage of personal items
- Accounting fees to prepare income tax returns
These kinds of expenses are paid from the client’s trust account.
Excusing or refunding fees
We may excuse fees that cause undue hardship to a client.
You are entitled to a refund of fees paid if you made an overpayment, such as paying the PGT $500 when the fee owing was $400.
How do I request that a fee be excused or refunded?
If you have received confirmation that a fee has been adjusted or waived by the PGT, there is no need to request a refund. Your refund will be issued automatically.
If you have not received confirmation, please contact your case handler to make inquiries.
How are refunds issued?
Refunds are issued via the original method of payment:
- If you paid by cheque, a refund will be issued by cheque to the address on file.
- If you paid online by credit card, a refund will be issued to the card you used.
- If the fee was collected directly from the trust account at the PGT, the refund will be deposited to the trust account.
If you have any questions about fees, payments, or refunds, call or email us at 604-660-4444 or mail@trustee.bc.ca
Trust and Estate fees
The following is a description of the different types of Trust and Estate fees the PGT is required to charge when acting as:
- Committee of estate
- Trustee
- Curator
- Executor
- Administrator
- Pension trustee appointed by Service Canada
- Attorney as a power of attorney, or
- Representative under a representation agreement
All fees charged by the PGT are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. Please note that 5% GST is payable on all PGT fees.
Capital commission
Capital commission is charged on the total assets owned by a client. Common types of assets include:
- Cash
- Investments
- Real property
- Bank accounts
When the PGT is administering the estate of a deceased person, we must collect a minimum capital commission of $3500.
Asset management fee
The PGT collects a monthly fee for the ongoing care and maintenance of clients’ assets, such as real property and cash. It amounts to 0.7% per year on all assets the PGT administers on behalf of the client. This includes money held in the clients’ trust accounts, investments or real property. The asset management fee is not charged on assets on which fair value cannot be established. For example, personal belongings.
Income commission
A commission is charged on all funds received and income earned by investments and paid to a client’s trust account. Most common types of income are income from dividends, interest, or rental income.
Heir tracing fee
When the PGT is the administrator of an estate, we will try to identify, locate and verify the heirs.
The cost incurred by PGT to do this work is paid for from the estate. Sometimes, instead of the PGT locating heirs, an external contractor is hired and those expenses are paid from the estate.
Estate liaison administration fee
This fee is charged for services the PGT provides after a client for whom the PGT was committee of estate dies. The fee is charged monthly, from the date of the client’s death, until the court appoints an executor or administrator of the estate, or when the funds are released to the heirs and beneficiaries.
Minimum administration fee
This fee is collected after a client for whom the PGT was committee of estate has died. If all the fees the PGT charged and collected from the time the PGT was appointed committee of estate to the date the client died averages to less than $100 per month, the PGT will collect the shortfall from the estate.