Queensland Consolidated Acts
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TRUSTEE COMPANIES ACT 1968
- As at 22 November 2012
- Act 56 of 1968
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
2. (Repealed)
3. (Repealed)
4. Definitions
4AA. Powers conferred on trustee companies are additional powers
4A. (Repealed)
PART 2 - DUTIES, FUNCTIONS, OFFICES
5. Trustee company may act as executor and obtain probate
6. Persons entitled to obtain probate of the will or administration with the will annexed may authorise trustee company to apply for administration with will annexed
7. Person entitled to obtain administration on intestacy may authorise trustee company to obtain administration
8. Saving rights of other persons to administration
9. Person entitled to probate may join with trustee company in applying for letters of administration to the trustee company
10. Trustee company may act as administrator notwithstanding its incorporation
11. Reseal of probate and letters of administration
12. Power of trustee companies to elect to administer small estates without grant of administration
13. Elections in respect of unadministered balance of an estate
14. Notice of filing of election
15. Operation of election to administer as regards property out of State
16. Revocation of elections filed in error
17. Effect of joint grant on application under s 6
18. Effect of disclaimer of trustee on authorisation under s 6
19. Effect of disclaimer of trustee on joint application under s 9
20. Executor or administrator may appoint trustee company in his or her place
21. Trustee company may be appointed trustee receiver etc.
22. Trustee company may act under power of attorney by an officer of the company etc.
23. A holder of certain offices and positions may appoint a trustee company to discharge duties
24. Trustee may appoint a trustee company a trustee
25. Property vested in trustee company and another as trustees to be held jointly
26. Payment of legacies of infants to trustee company
27. Appointment of trustee company where person whose consent is required refuses or is unable to consent
PART 3 - POWERS
28. General powers of trustee company
29. Administrator carrying on intestate’s business
30. Power of company in certain cases of devises of realty
31. Power to apply income, or capital, for maintenance etc.
32. Power to distribute assets of estate after notice on failure of action by claimant creditor
33. Power to distribute estate where possible claimants have not claimed
34. When trustee company may pay claims without legal proof
35. Shares of infants during infancy
36. (Repealed)
36A. (Repealed)
37. Contributory investments
38. Co-administrator may exercise powers of trustee company
39. Certificate by trustee company as to its legal status in any matter
40. Application of part 3
41. (Repealed)
42. (Repealed)
44. (Repealed)
45. (Repealed)
45A. (Repealed)
PART 4 - SUPERVISION BY COURT
46. Court to act upon affidavit of officer of trustee company
47. Application for consent to be by motion
48. An officer may attend on behalf of a trustee company, and be personally responsible
49. Removal from office
50. (Repealed)
51. (Repealed)
52. (Repealed)
53. (Repealed)
54. (Repealed)
55. (Repealed)
56. (Repealed)
57. (Repealed)
58. (Repealed)
59. (Repealed)
60. (Repealed)
61. (Repealed)
63. (Repealed)
64. (Repealed)
64A. (Repealed)
65. (Repealed)
66. (Repealed)
66A. (Repealed)
66B. (Repealed)
66C. (Repealed)
66D. (Repealed)
66E. (Repealed)
66F. (Repealed)
66G. (Repealed)
PART 5 - MISCELLANEOUS
67. Penalty provisions
68. Settlors or testators may appoint own solicitors
68A. When legatee to bear commission on legacy
68B. Appointment of attorney by trustee company
68C. Transfer determinations
69. (Repealed)
70. Evidence of failure to give notice to a trustee company
71. Delegations
72. (Repealed)
73. (Repealed)
73A. Regulation-making power
PART 6 - TRANSITIONAL PROVISIONS FOR FAIR WORK (COMMONWEALTH POWERS) AND OTHER PROVISIONS ACT 2009
74. Definitions for pt 6
75. Court may review rate of commission
76. Court may review fee
77. Filing and passing accounts
78. Court may order account
79. Investment of capital in name of Treasurer
80. Offences
81. (Repealed)
PART 7 - (Repealed)
Schedule 1 (Repealed)
Schedule 2 (Repealed)
Schedule 3 (Repealed)
Schedule 4 (Repealed)
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