Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 52

52 The duties of personal representatives

(1) The personal representative of a deceased person shall be under a duty to—

(a) collect and get in the real and personal estate of the deceased and administer it according to law; and

(b) when required to do so by the court, exhibit on oath in the court a full inventory of the estate and when so required render an account of the administration of the estate to the court; and

(c) when required to do so by the court, deliver up the grant of probate or letters of administration to the court; and

(d) distribute the estate of the deceased, subject to the administration thereof, as soon as may be; and

(e) pay interest upon any general legacy—

(i) from the first anniversary of the death of the testator until payment of the legacy; or

(ii) in the case of a legacy that is, pursuant to a provision of the will, payable at a future date—from that date until payment of the legacy;

at the rate of 8% per annum or at such other rate as the court may either generally or in a specific case determine, unless any contrary intention respecting the payment of the interest appears by the will.

(1A) Nothing in subsection (1) abrogates any rule or practice deriving from the principle of the executor’s year or any rule or practice under which a beneficiary is entitled to receive interest upon any legacy from the date of the testator’s death.

(2) If the personal representative neglects to perform his or her duties as aforesaid the court may, upon the application of any person aggrieved by such neglect, make such order as it thinks fit including an order for damages and an order requiring the personal representative to pay interest on such sums of money as have been in the personal representative’s hands and the costs of the application.