Queensland Numbered Acts Queensland Numbered ActsChapter 3 , part 6 —
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61A Application of ss 61B–61D Sections 61B to 61D apply only in relation to an enduring power of attorney.
61B Effect on beneficiary’s interest if property dealt with by attorney(1) This section applies to a person who is a beneficiary (
"the beneficiary" ) under a deceased principal’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 attorney under an enduring power of attorney 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 attorney 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 61D(1).
61C Attorney not required to keep proceeds and property separate Section 61B does not require an attorney for a principal who has sold, mortgaged, charged, disposed of, or otherwise dealt with, the principal’s property under the powers given to the attorney, to keep any surplus money or other property arising from the sale, mortgage, charge, disposition or other dealing separate from other property of the principal.
61D Application to court to confirm or vary operation of s 61B(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 61B; or(b) an order to ensure a beneficiary under the principal’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 61B.(2) An application may be made by—(a) a beneficiary under the principal’s will; or(b) the personal representative of a deceased beneficiary under the principal’s will; or(c) the personal representative of the principal.(3) An order made under subsection (1)(b)—(a) has effect as if it had been made as a codicil to the principal’s will executed immediately before the principal’s death; and(b) applies despite any contrary operation of section 61B.(4) An application under this section must be made to the court within 6 months after the principal’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.(7) Despite section 109A, a reference in this section to the court does not include a reference to the tribunal.