Queensland Numbered Acts

GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 26

26 Insertion of new ss 60A–60C

Chapter 4 , part 3 —
insert —

60A Effect on beneficiary’s interest if property dealt with by administrator

(1) This section applies to a person who is a beneficiary (
"the beneficiary" ) under a deceased adult’s will.

(2) The beneficiary has the same interest in any surplus money or other property (
"the proceeds" ) arising from a sale, mortgage, charge, disposition of, or other dealing with, property under the powers given to an administrator as the beneficiary would have had in the property sold, mortgaged, charged, disposed of or otherwise dealt with, if the sale, mortgage, charge, disposition or other dealing had not happened.

(3) The beneficiary is also entitled to—

(a) any money or other property that is able to be traced as income generated by the proceeds; and

(b) any capital gain that is generated from the proceeds.

(4) This section applies even if the beneficiary is the administrator who sold, mortgaged, charged, disposed of or otherwise dealt with the property.

(5) This section applies subject to any order made by the court under section 60C(1).

60B Administrator not required to keep proceeds and property separate Section 60A does not require an administrator for an adult who has sold, mortgaged, charged, disposed of, or otherwise dealt with, the adult’s property under the powers given to the administrator, to keep any surplus money or other property arising from the sale, mortgage, charge, disposition or other dealing separate from other property of the adult.

60C Application to court to confirm or vary operation of s 60A

(1) An application may be made to the court for—

(a) an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 60A; or

(b) an order to ensure a beneficiary under the adult’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 60A.

(2) An application may be made by—

(a) a beneficiary under the adult’s will; or

(b) the personal representative of a deceased beneficiary under the adult’s will; or

(c) the personal representative of the adult.

(3) An order made under subsection (1)(b)—

(a) has effect as if it had been made as a codicil to the adult’s will executed immediately before the adult’s death; and

(b) applies despite any contrary operation of section 60A.

(4) An application under this section must be made to the court within 6 months after the adult’s death.

(5) The court may extend the application time.

(6) The Succession Act 1981 , section 44(1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application.