Queensland Consolidated Acts

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SUCCESSION ACT 1981 - SECT 33A

Protection of personal representatives who distribute as if the will had not been rectified

33A Protection of personal representatives who distribute as if the will had not been rectified

(1) This section applies if—
(a) a will is rectified under section 33 ; and
(b) a personal representative makes a distribution to a beneficiary as if the will had not been rectified.
(2) The personal representative is not liable if the distribution is made under section 49A .
(3) The personal representative is also not liable if the distribution is made not earlier than 6 months after the testator’s death and without notice of either of the following—
(a) an application, or intended application, for an order to rectify the will;
(b) an application, or intended application, under section 41 (1) or 42 in relation to the testator.
(4) If the personal representative receives notice of an application or intended application mentioned in subsection (3) (a
"relevant application" ), the personal representative is not liable if—
(a) the distribution is made not earlier than 9 months after the testator’s death; and
(b) the personal representative has not—
(i) received notice that a relevant application has been started in the court; or
(ii) been served with a copy of a relevant application.
(5) For subsections (3) and (4) , a notice in relation to an application or intended application must be in writing signed by the applicant or the applicant’s legal practitioner.



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