Queensland Consolidated Acts

POWERS OF ATTORNEY ACT 1998 - SECT 107

107 Power to apply to court for compensation for loss of benefit in estate

(1) This section applies if a person’s benefit in a principal’s estate under the principal’s will, on intestacy, or by another disposition taking effect on the principal’s death, is lost because of a sale or other dealing with the principal’s property by an attorney of the principal.

(1A) This section applies even if the person whose benefit is lost is the attorney by whose dealing the benefit is lost.

(2) The person, or the person’s personal representative, may apply to the Supreme Court for compensation out of the principal’s estate.

(3) The court may order that the person, or the person’s estate, be compensated out of the principal’s estate as the court considers appropriate but the compensation must not exceed the value of the lost benefit.

(4) The Succession Act 1981 , sections 41 (2) to (8) , (10) and (11) and 44 apply to an application and an order made on it as if the application was an application under part 4 of that Act by a person entitled to make an application.

(5) In this section—

"attorney" means an attorney under—

(a) a general power of attorney made under this Act; or

(b) an enduring document; or

(c) a power of attorney made otherwise than under this Act, whether before or after its commencement.