PUBLIC TRUSTEE ACT 1978 - SECT 36
Powers of public trustee pending grant
PUBLIC TRUSTEE ACT 1978 - SECT 36
Powers of public trustee pending grant
36 Powers of public trustee pending grant
(1) When any person dies or has heretofore died, whether testate or intestate,
and whether the public trustee is entitled to a grant of an order to
administer or some person other than the public trustee is appointed executor
or is entitled to letters of administration, the public trustee may, until
administration is granted, exercise with respect to the estate of the deceased
person all such powers and authorities and do all such acts and things, other
than the distribution of any part of the estate to the person beneficially
entitled, as the public trustee would have or could exercise or do if the
deceased had died intestate and the public trustee had obtained an order to
administer.
(1A) However, the public trustee may only sell, exchange,
mortgage or partition a part of the property, or let or lease a part of the
property (other than under a periodic tenancy from year to year or for a
shorter period or a fixed period of not longer than 1 year), with the
court’s leave.
(1B) In subsection (1) —
"acts and things" includes withdrawing an amount from an account of the
deceased person with a financial institution.
(2) Despite subsection (1A) ,
the public trustee may sell, without the court’s leave, a part of the
personal estate if the public trustee considers—
(a) that the property is
perishable, likely to deteriorate or likely to decrease substantially in value
if kept; or
(b) that, for another reason, it is in the estate’s interest
that the public trustee immediately dispose of the property.
(3) Before the
public trustee first acts under this section, the public trustee shall give
notice in writing to any person in Queensland known to the public trustee, who
(not being under a legal disability) would be entitled to obtain probate or
letters of administration, informing such person that the public trustee
intends to so act unless such person forthwith proceeds to apply for probate
or letters of administration.
(4) If such person does not, within 21 days
after the posting of such notice, give notice, in writing, to the public
trustee that the person intends to apply for probate or letters of
administration, or if such person gives such notice but fails for 14 days
thereafter to apply therefor, or makes such application and it is refused,
then, unless the court otherwise orders, the public trustee may proceed to
exercise any of the powers and authorities given by this section.
(5) If more
persons than 1 are entitled to take out probate or letters of administration,
it shall be sufficient to give notice to 1 of such persons only.
(6) Where it
is not actually known to the public trustee that there is in Queensland any
person entitled to obtain probate or letters of administration or where, in
the opinion of the public trustee, there are circumstances of emergency, the
public trustee may exercise the powers and authorities given by this section
without giving such notice.
(7) When the public trustee is acting under this
section—
(a) the public trustee is not to be deemed to be or be liable as an
executor de son tort; and
(b) the public trustee shall have the same rights
to be paid or to retain commission and other charges out of the estate of the
deceased as if an order to administer had been granted to the public trustee;
and
(c) all expenses incurred by and all payments due to the public trustee
shall be a first charge upon the property of the deceased person; and
(d) it
shall not be necessary for the public trustee to register with any registering
authority the public trustee’s authority so to act, and the recital by the
public trustee in any instrument that the public trustee is acting pursuant to
this section shall be sufficient evidence of the public trustee’s authority
to execute that instrument.