QLDIn ForceAct
Guardianship and Administration Act 2000
sec.60CApplication to court to confirm or vary operation of s 60A
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### sec.60C Application to court to confirm or vary operation of s 60A
An application may be made to the court for—
an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 60A ; or
an order to ensure a beneficiary under the adult’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 60A .
An application may be made by—
a beneficiary under the adult’s will; or
the personal representative of a deceased beneficiary under the adult’s will; or
the personal representative of the adult.
An order made under subsection (1) (b) —
has effect as if it had been made as a codicil to the adult’s will executed immediately before the adult’s death; and
applies despite any contrary operation of section 60A .
An application under this section must be made to the court within 6 months after the adult’s death.
The court may extend the application time.
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.
s 60C ins 2019 No. 9 s 26
(sec.60C-ssec.1) An application may be made to the court for— an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 60A ; or an order to ensure a beneficiary under the adult’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 60A .
(sec.60C-ssec.2) An application may be made by— a beneficiary under the adult’s will; or the personal representative of a deceased beneficiary under the adult’s will; or the personal representative of the adult.
(sec.60C-ssec.3) An order made under subsection (1) (b) — has effect as if it had been made as a codicil to the adult’s will executed immediately before the adult’s death; and applies despite any contrary operation of section 60A .
(sec.60C-ssec.4) An application under this section must be made to the court within 6 months after the adult’s death.
(sec.60C-ssec.5) The court may extend the application time.
(sec.60C-ssec.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.
- (a) an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 60A ; or
- (b) an order to ensure a beneficiary under the adult’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 60A .
- (a) a beneficiary under the adult’s will; or
- (b) the personal representative of a deceased beneficiary under the adult’s will; or
- (c) the personal representative of the adult.
- (a) has effect as if it had been made as a codicil to the adult’s will executed immediately before the adult’s death; and
- (b) applies despite any contrary operation of section 60A .