Queensland Consolidated Acts

PUBLIC TRUSTEE ACT 1978 - SECT 6

In this Act--

benefit, in relation to a person, includes insurance on the life of that person and the education and advancement of that person.

body includes a corporation, unincorporated body or association including a partnership or association of persons.

common fund means a common fund established under section 19.

corporation means the corporate sole constituted by the public trustee under the name The Public Trustee of Queensland.

court means the Supreme Court.

election to administer means an election filed pursuant to section 30 or 31.

estate under administration means any property held, administered, managed or controlled by the public trustee in any capacity (including, for example, as personal representative, trustee, administrator, guardian, committee, manager, liquidator or receiver), and includes--

(a) an estate under management as defined in section 64; and

(b) an estate under administration that is administered jointly with someone else.

grant of administration means--

(a) probate of the will of a deceased person; or

(b) letters of administration of the estate of a deceased person, with or without the will annexed, for general, special or limited purposes; or

(c) an order to administer; or

(d) an election to administer;

and a reference to the making of a grant of administration includes the filing of an election to administer.

incapacitated person means an incapacitated person as defined in section 64.

instrument includes any deed, will, agreement for a settlement, Act of Parliament or order of a court or any number of such instruments, whether made or passed before or after, or partly before and partly after, the commencement of this Act.

official solicitor means the official solicitor to the public trustee provided for in section 16.

order to administer means an order of the court made pursuant to part 3 authorising the public trustee, either solely or jointly with someone else to administer the estate of a deceased person, whether general or special or limited in any way.

owner, in relation to property, includes any person having an estate or interest in the property.

personal representative means a person having a grant of administration.

person under a legal disability--

(a) for section 59--see section 59(1A); and

(b) otherwise--means a child.

proceedings includes any action, cause or matter and any other procedure, in court or otherwise, whether formal or informal, (including criminal proceedings as to property, the submission to arbitration or the lodging of a caveat) directed to the assertion, enforcement or protection of any right.

property includes real and personal property of every description or kind and wherever situated, any estate or interest therein, any debt, any thing in action and any other right or interest whether legal or equitable (including, without prejudice to the generality of the foregoing, rights as to rescission, avoidance or restitution).

public trustee means--

(a) as an individual--the Public Trustee of Queensland; or

(b) in any other case--the corporation.

registering authority means the registrar of titles or anyone else required or permitted to record interests in property.

stock includes stock (whether debenture, inscribed or otherwise), shares, debentures, units and notes (secured or otherwise) and other like investments.

trust includes--

(a) implied and constructive trusts; and

(b) cases where the trustee has a beneficial interest in the trust property; and

(c) the duties incidental to a personal representative's office;

but does not include the duties incidental to a mortgaged interest.

trustee means a person who administers a trust.

unclaimed moneys fund means the account maintained pursuant to section 25.