Queensland Consolidated Acts
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SURROGACY ACT 2010 - SECT 42
Public trustee is trustee if bequest to unlocatable child
42 Public trustee is trustee if bequest to unlocatable child
(1) This section applies if—
(a) under a will made after the commencement of
this section, the testator makes a disposition of property to a person who is
(i) as being a child of the testator or of another person; and
(ii) as having had his or her parentage transferred to another person or
persons as a result of a parentage order; and
(b) the personal representative
of the testator is given a notice by the public trustee under section 41 (6) .
(2) The public trustee is a trustee for the child on the trusts stated in, or
arising under, the will.
(3) If the personal representative transfers
property to the public trustee as trustee for the child, the personal
representative is taken to have transferred the property to the child.
Subsections (2) and (3) do not apply if the child died before the testator or,
for another reason, is not entitled to an interest under the will.
(5) If the
public trustee gives the personal representative a notice that the child has
disclaimed property to which the child was entitled under the will, the notice
is, for the purpose of administering the estate, sufficient evidence that the
child has disclaimed the property.
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