Queensland Consolidated Acts

POWERS OF ATTORNEY ACT 1998 - SECT 61D

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.