Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 44

44 Protection of personal representative

(1) No action shall lie against the personal representative by reason of the personal representative having distributed any part of the estate and no application or order under this part shall disturb the distribution, if it was properly made by the personal representative for the purpose of providing for the maintenance or support of the spouse or any child of the deceased person totally or partially dependent on the deceased person immediately before the death of the deceased person whether or not the personal representative had notice at the time of the distribution of any application or intended application under this part in respect of the estate.

(2) No person who may have made or may be entitled to make an application under this part shall be entitled to bring an action against the personal representative by reason of the personal representative having distributed any part of the estate if the distribution was properly made by the personal representative after the person (being of full legal capacity) has notified the personal representative in writing that the person either—

(a) consents to the distribution; or

(b) does not intend to make any application that would affect the proposed distribution.

(3) No action shall lie against the personal representative by reason of the personal representative having distributed any part of the estate if the distribution was properly made by the personal representative—

(a) not earlier than 6 months after the deceased’s death and without notice of any application or intended application under section 41 (1) or 42 in relation to the estate; or

(b) if notice under section 41 (1) or 42 has been received—not earlier than 9 months after the deceased’s death, unless the personal representative receives written notice that the application has been commenced in the court or is served with a copy of the application.

(4) For the purposes of this section notice to a personal representative of an application or intention to make any application under this part shall be in writing signed by the applicant or the applicant’s solicitor.

(5) However, nothing in subsection (4) shall prevent the subsequent making of an application within any other period allowed by or pursuant to this part.