Queensland Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984 - SECT 60

60 Administration of estates of Aboriginal persons and Torres Strait Islander persons

(1) In the absence of a testamentary instrument duly made by an Aboriginal person or Torres Strait Islander person who has died or is to be presumed to have died and if it should prove impracticable to ascertain the person or persons entitled in law to succeed to the estate of the Aboriginal person or Torres Strait Islander person or any part of it, the chief executive may determine which person or persons shall be entitled to so succeed or whether any person is so entitled.

(2) The person or persons determined by the chief executive to be entitled to succeed to an estate or to any part of it shall be the only person or persons entitled in law to succeed to the estate or, as the case may be, part and, if more than 1 person is so determined, to succeed in the order and proportions determined by the chief executive.

(3) A certificate purporting to be signed by the chief executive that the person or persons named therein is or are entitled to succeed to the estate or any part of the estate of the person named therein (being a person to whose estate subsections (1) and (2) apply), or that there is no person so entitled shall be conclusive evidence of the matters contained therein.

(4) If, so far as can be determined, there is no person entitled to succeed to the estate or a part of the estate of an Aboriginal person or Torres Strait Islander person who has died or is to be presumed to have died the estate or, as the case may be, part shall vest in the chief executive who shall apply the moneys or the proceeds of the sale of any property (less the expenses (if any) of such sale) for the benefit of Aboriginal peoples or Torres Strait Islander peoples generally as provided by section 56 .