Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 20

20 Incidents of tenure on grant in fee simple

(1) All tenures created by the Crown upon any grant of an estate in fee simple made after the commencement of this Act shall be taken to be in free and common socage without any incident of tenure for the benefit of the Crown.

(2) Where any quit rent issues to the Crown out of any land, or the residue of any quit rent issues to the Crown out of any land in respect of which quit rent has been apportioned or redeemed, such land or residue is released from quit rent.

(3) In respect of property of any person dying intestate on or after 16 April 1968—

(a) escheat is abolished; and

(b) all such property, whether real or personal, shall, subject to this section, be distributed in the manner and to the person or persons provided by the Succession Act 1981 , but subject to the provisions (including part 4 ) of that Act.

(4) Subject to any other Act, property of any corporation dissolved after the commencement of this Act shall not escheat, but the Crown shall be entitled to and take as bona vacantia all such property, whether real or personal, as would apart from this Act be liable to escheat or pass to the Crown as bona vacantia.

(5) Despite this section, where the Crown, or it is made to appear to the Minister that the Crown, has a right to any property, by escheat or devolution or as bona vacantia, on the death intestate of any person, whether the death occurred before or after the passing of this Act, the Minister, upon application being made for the waiver of that right, may by gazette notice waive such right on such terms (if any), whether for the payment of money or otherwise, in favour of any 1 or more of the following persons, whether belonging to the same or to different classes—

(a) any dependants, whether kindred or not, of the intestate;

(b) any other persons for whom the intestate might reasonably have been expected to make provision;

(c) any persons to whom the State would, if the State’s title had been duly proved by inquisition, have the power to grant such property;

(d) any other persons having in the opinion of the Minister a just claim to the grant of the property;

(e) the trustees of any person as mentioned in paragraphs (a) to (d) ;

as to the Minister seems reasonable.

(6) Upon a waiver made under subsection (5) , the right of the State so waived, subject to subsection (10) , shall vest in the person or persons in favour of whom the waiver is made.

(7) For the purpose of giving effect to any waiver under subsection (5) the Minister, by gazette notice or a further gazette notice, may do all or any of the following things—

(a) appoint such person as the Minister considers suitable to be administrator of the property of the person who has died intestate (
"the deceased" );

(b) appoint a person to execute any conveyance or transfer or other document for the purpose of conveying or transferring under the terms of the waiver to the person or persons in whose favour the waiver is made the right of the State so waived;

(c) give directions that the Minister considers necessary or desirable to give effect to the waiver (including the terms of the waiver) and the directions are to be given effect.

(8) The person appointed under subsection (7) (a) to be administrator may apply to the Supreme Court for a grant of letters of administration of the property of the deceased and such letters of administration may be granted accordingly.

(8A) For the purposes of the grant of the letters of administration and the administration under the grant, the property in respect of which the right of the State has been waived shall be deemed to form part of the estate of the deceased to be administered under the terms of the waiver for the benefit of the person or persons in favour of whom the waiver is made.

(9) A waiver under subsection (5) shall have the effect of a grant of the land or other property of whatever kind the subject of the waiver or any part of the waiver, and in the case of land in fee simple or for any less estate, to the administrator appointed under this section or to any person or persons in favour of whom the waiver is made.

(10) This section shall be subject to schedule 1 and all proceedings by way of writ of inquisition or otherwise may be had under that schedule.

(11) Despite this section and that because of the death intestate of any person the State has a right to any property of that person by escheat or devolution or as bona vacantia the public trustee shall have and shall be deemed always to have had the same power—

(a) to obtain from the court or otherwise under the Public Curator Act 1915 or the Public Trustee Act 1978 authority to administer the estate of such person; and

(b) to deal in due course of administration with the estate of such person;

as the public trustee has in a case where the State has no such right.

(12) In this section—

"intestate" has the meaning given by the Succession Act 1981 , section 5 .