Trustees

Government Trustee

Under the Insolvency Act, No. 17 of 2024, the Government Trustee is a key public officer appointed to ensure that bankruptcy and insolvency matters in Saint Lucia are administered fairly — especially in cases where no private trustee is available or willing to act.

Who is the Government Trustee?

The Government Trustee is appointed by the Minister for Finance. To qualify, the individual must be a fit and proper person with:

• A degree in law, finance, accounting, or a related field from an accredited university;
• At least five years of experience in trustee services, financial management, or a related field; and
• Extensive knowledge of the laws and regulations governing trusteeship and insolvency, along with strong ethical and fiduciary standards

Role and Responsibilities

The Government Trustee plays a central role in safeguarding the integrity and continuity of insolvency administration. His or her primary functions, as set out in Sections 10–14 of the Act, include:

• Administering Estates

The Government Trustee acts as trustee for the estate of a debtor — whether an individual or corporation — in accordance with the provisions of the Insolvency Act. This includes collecting, managing, and distributing the debtor’s property to creditors in an orderly and lawful manner

• Acting When No Private Trustee Is Available

Where no licensed private trustee is willing or able to take a case, the Supervisor of Bankruptcy and Insolvency or the Court may appoint the Government Trustee to step in. This ensures that no insolvency case is left unadministered, protecting both debtors and creditors and maintaining the flow of justice

Exercising the Same Powers as a Trustee

Once appointed, the Government Trustee has all the powers and duties of a licensed trustee under the Act. These include examining the debtor’s affairs, realizing assets, managing distributions, and reporting to the Supervisor of Bankruptcy and Insolvency.

Financial Accountability

The Government Trustee is entitled to prescribed fees, commissions, and other charges for services rendered, all of which are paid into the Consolidated Fund. Any necessary expenses incurred in the performance of duties may be reimbursed by the Minister of Finance, with Cabinet approval.

Why the Role Matters

The Government Trustee serves as a public safeguard in the insolvency system — ensuring continuity, equity, and transparency when private sector trustees are unavailable. This mechanism strengthens confidence in the insolvency process, upholds the rights of creditors and debtors, and demonstrates the State’s commitment to maintaining a fair, accessible, and professional insolvency framework in Saint Lucia.