Queensland Consolidated Acts

LAND ACT 1994 - SECT 377

377 Registering personal representative

(1) A person may apply to the registrar of titles to be registered as personal representative of a deceased lessee, sublessee, licensee or mortgagee.

(2) The registrar of titles may register the person as personal representative only if—

(a) the person has obtained—

(i) a grant of representation in Queensland; or

(ii) the resealing in Queensland of a grant of representation; or

(b) if paragraph (a) does not apply and the lessee, sublessee, licensee or mortgagee died without a will—

(i) letters of administration of the deceased person’s estate have not been granted in Queensland within 6 months after the death; and

(ii) the gross value of the deceased person’s Queensland estate at the day of death was no more than the amount prescribed under the regulations or, if no amount is prescribed, $300,000; and

(iii) the registrar is of the opinion the person would succeed in an application for a grant of representation; or

(c) if paragraph (a) does not apply and the lessee, sublessee or licensee died leaving a will—

(i) the person is, or is entitled to be, the deceased’s personal representative; or

(ii) the registrar considers the person would succeed in an application for a grant of representation; or

(iii) the person has obtained a grant of representation other than in Queensland and the registrar considers the person would succeed in an application for the resealing of the grant in Queensland.

(3) A person registered as personal representative without a grant of representation has the same rights, powers and liabilities as if a grant of representation had been made to the person.

(4) The validity of an act done or payment made in good faith by a person registered as personal representative is not affected by a later grant of representation.

(5) If the grantee of a grant of representation is different from the person registered as personal representative, the person must—

(a) account to the grantee for all property of the deceased person controlled by the person before the grant; and

(b) take all action necessary to divest from the person and vest in the grantee all property of the deceased person remaining under the person’s control.