Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 60A

60A Effect on beneficiary’s interest if property dealt with by administrator

(1) This section applies to a person who is a beneficiary (
"the beneficiary" ) under a deceased adult’s will.

(2) The beneficiary has the same interest in any surplus money or other property (
"the proceeds" ) arising from a sale, mortgage, charge, disposition of, or other dealing with, property under the powers given to an administrator as the beneficiary would have had in the property sold, mortgaged, charged, disposed of or otherwise dealt with, if the sale, mortgage, charge, disposition or other dealing had not happened.

(3) The beneficiary is also entitled to—

(a) any money or other property that is able to be traced as income generated by the proceeds; and

(b) any capital gain that is generated from the proceeds.

(4) This section applies even if the beneficiary is the administrator who sold, mortgaged, charged, disposed of or otherwise dealt with the property.

(5) This section applies subject to any order made by the court under section 60C (1) .