Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 643

643 Relief against neglect or refusal by executor, administrator or trustee

(1) This rule applies if an executor, administrator or trustee neglects or refuses to comply with a beneficiary’s written request—

(a) to apply for and take all necessary steps to register the transmission of any real or leasehold estate; or

(b) if the executor, administrator or trustee has or is entitled to the legal estate in the land—to convey or transfer the land to the person entitled to it; or

(c) to pay or hand over any legacy or residuary bequest to the person entitled to it.

(2) The beneficiary may apply by application for an order calling on the executor, administrator or trustee to show cause why the person should not comply with the request.

(3) The court may direct that the proceedings the court considers appropriate be taken against the executor, administrator or trustee.