PUBLIC TRUSTEE ACT 1978 - SECT 29
Circumstances in which public trustee may apply for order to administer
PUBLIC TRUSTEE ACT 1978 - SECT 29
Circumstances in which public trustee may apply for order to administer
29 Circumstances in which public trustee may apply for order to administer
(1) Where any person has died, whether before or after the commencement of
this Act, being at the time of the person’s death domiciled in Queensland or
leaving property situated in Queensland and a grant of administration has not
been made in Queensland to any other person, the public trustee may apply for
and be granted an order to administer the estate of such person—
(a) where
the deceased is intestate; or
(b) where the deceased left a will and—
(i)
the public trustee was appointed executor thereby; or
(ii) the executors
appointed thereby have renounced; or
(iii) there is no executor willing and
capable of acting in the execution of the will resident in Queensland; or
(iv) every executor appointed by the will has died; or
(v) no person has
applied for probate or letters of administration with the will annexed within
a period of 3 months from the death of the deceased; or
(vi) the property or
any portion thereof is liable to waste, and the executor is not known or can
not be found.
(2) Where part of an estate of a deceased person in respect of
which a grant of administration has been made in Queensland is unadministered
and the executor or administrator—
(a) has died; or
(b) has become bankrupt
or incapable; or
(c) is absent from Queensland or can not be found;
the
public trustee may apply for and be granted an order to administer the estate
left unadministered.
(3) On an application under subsection (1) (a) no
further proof of the death and intestacy of the deceased shall be required
than an affidavit that, after due inquiries, the public trustee is satisfied
of the death and intestacy.
(4) On an application under subsection (1) or (2)
(a) the public trustee shall be entitled as of right to an order to
administer.
(4A) However, if some person who would be entitled to a grant of
administration applies therefor the court may make a grant of administration
to such person.
(5) It shall not be necessary or required, unless the court
for special reason in a particular case so directs, that the public trustee
give notice of such application generally or to any person, except in the case
of an application under subsection (1) (b) (v) or an application under
subsection (2) (b) .
(5A) However, the court may in either of such last
mentioned cases dispense with any notice which would otherwise be required.
(6) Notwithstanding any other provisions of this section—
(a) the court may,
in any case where it might make a limited grant of administration to any
other person, grant to the public trustee an order to administer similarly
limited; and
(b) the public trustee may, in any case in which the public
trustee is entitled to an order to administer, apply for and obtain a grant of
probate or of letters of administration as the case may be, or may propound a
will in solemn form of law.
(7) Where the public trustee is granted an order
to administer with a will whereby any other person was appointed both executor
thereof and a trustee thereunder, the public trustee shall, while the order to
administer remains in force, by virtue thereof and without further
appointment, be deemed to be appointed a trustee under the will in the place
of such person.
(8) In any case where the public trustee, pursuant to the
provisions of this Act, applies for an order to administer or for a grant of
probate or of letters of administration, or propounds a will in solemn form of
law, the public trustee shall, unless the court otherwise orders in
exceptional circumstances, be entitled to the public trustee’s costs out of
the estate and not be liable for the costs of any other person.