Queensland Consolidated Acts

TRUSTS ACT 1973 - SECT 67

67 Protection of trustees by means of advertisements

(1) With a view to the distribution of any trust property or estate a trustee or personal representative may give notice by advertisement in—

(a) if the notice is included in a notice of intention to apply for a grant—a publication approved by the Chief Justice under a practice direction; or

(b) otherwise—a newspaper circulating throughout the State and sold at least once each week;

and such other notices as would be directed by the court to be given in an action for administration, requiring any person having any claim, whether as creditor or beneficiary or otherwise, to send particulars of the person’s claim not later than the date fixed in the notice, being a date at least 6 weeks after the date of publication of the notice.

(2) Notice of advertisement is sufficient if given in the approved form.

(3) After the date fixed by the last of the notices to be published the trustee or personal representative may distribute the trust property or estate having regard only to the claims, whether formal or not, of which the trustee or personal representative has notice at the time of the distribution; and the trustee or personal representative shall not, as respects any trust property or estate so distributed, be liable to any person of whose claim the trustee or personal representative had no notice at the time of the distribution.

(4) Nothing in this section—

(a) prejudices the right of any person to enforce (subject to the provisions of section 113 ) any remedy in respect of the person’s claim against a person to whom a distribution of any trust property or estate has been made; or

(b) relieves the trustee or personal representative of any obligation to make searches or obtain certificates of search similar to those which an intending purchaser would be advised to make or obtain.

(5) In this section—

"approved form" see the Supreme Court of Queensland Act 1991 , schedule 5 .

"grant" see the Succession Act 1981 , section 5 .

"notice" , of intention to apply for a grant, means a notice in the approved form of intention to apply for a grant.