Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 60C

60C Application to court to confirm or vary operation of s 60A

(1) An application may be made to the court for—

(a) an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 60A ; or

(b) an order to ensure a beneficiary under the adult’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 60A .

(2) An application may be made by—

(a) a beneficiary under the adult’s will; or

(b) the personal representative of a deceased beneficiary under the adult’s will; or

(c) the personal representative of the adult.

(3) An order made under subsection (1) (b) —

(a) has effect as if it had been made as a codicil to the adult’s will executed immediately before the adult’s death; and

(b) applies despite any contrary operation of section 60A .

(4) An application under this section must be made to the court within 6 months after the adult’s death.

(5) The court may extend the application time.

(6) The Succession Act 1981 , section 44 (1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application.