Queensland Consolidated Acts
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SUCCESSION ACT 1981 - SECT 32
Delivery of will or other instrument if testator has died
32 Delivery of will or other instrument if testator has died
(1) This section applies if—
(a) a will or other instrument is held by the
registrar under section 29 or 30 ; and
(b) the minor or other person without
testamentary capacity has died.
(2) An executor named in the will, an
executor by representation or a person entitled to apply for letters of
administration with the will, may apply in writing to the registrar to be
given the will or other instrument.
(3) On receiving the application, the
registrar must give the will or other instrument to—
(a) the applicant; or
(b) any legal practitioner or trustee company nominated by the applicant; or
(c) the public trustee, if nominated by the applicant.
(4) If there is doubt
about the person to whom the will or other instrument should be given, the
registrar or anyone else may apply to the court for directions.
registrar must make an accurate copy of each will or other instrument given to
a person under subsection (3) and hold the copy.
(6) In this section—
"trustee company" see the Trustee Companies Act 1968 , section 4 .
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