sec.44Registering personal representative

sec.44 Registering personal representative

A person may ask the chief executive to register— the death of a purchaser under a section contract; and the person as the purchaser’s personal representative. After receiving a written request to register a person as the purchaser’s personal representative, the chief executive may register the person as the purchaser’s personal representative. However, the chief executive may register the person as the purchaser’s personal representative only if— the person has obtained a grant of representation for the purchaser and gives the chief executive the grant or a copy of the grant issued by the Supreme Court; or paragraph (a) does not apply and each of the following is satisfied— the purchaser died without a will; letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000; the chief executive believes the person has a right to obtain a grant of representation; or paragraph (a) does not apply and both of the following are satisfied— the purchaser died with a will; the chief executive believes the person has a right to obtain a grant of representation. A person registered as a personal representative without a grant of representation for the purchaser has the same interest in the section contract as if the person had a grant of representation. The validity of an act done, or payment made, in good faith under the section contract by a person registered as personal representative is not affected by a later grant of representation for the purchaser. If the person (the grantee ) who obtains a grant of representation for the purchaser is different from the person registered as personal representative for the purchaser, the registered person must— account to the grantee for an interest in the section contract that the registered person controlled before the grant was made; and take all action necessary to vest the interest in the contract that remains under the registered person’s control in the grantee. In a section contract, a reference to a purchaser includes a reference to the purchaser’s personal representative, to the extent there is no contrary intention in the section contract. (sec.44-ssec.1) A person may ask the chief executive to register— the death of a purchaser under a section contract; and the person as the purchaser’s personal representative. (sec.44-ssec.2) After receiving a written request to register a person as the purchaser’s personal representative, the chief executive may register the person as the purchaser’s personal representative. (sec.44-ssec.3) However, the chief executive may register the person as the purchaser’s personal representative only if— the person has obtained a grant of representation for the purchaser and gives the chief executive the grant or a copy of the grant issued by the Supreme Court; or paragraph (a) does not apply and each of the following is satisfied— the purchaser died without a will; letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death was not more than $150,000; the chief executive believes the person has a right to obtain a grant of representation; or paragraph (a) does not apply and both of the following are satisfied— the purchaser died with a will; the chief executive believes the person has a right to obtain a grant of representation. (sec.44-ssec.4) A person registered as a personal representative without a grant of representation for the purchaser has the same interest in the section contract as if the person had a grant of representation. (sec.44-ssec.5) The validity of an act done, or payment made, in good faith under the section contract by a person registered as personal representative is not affected by a later grant of representation for the purchaser. (sec.44-ssec.6) If the person (the grantee ) who obtains a grant of representation for the purchaser is different from the person registered as personal representative for the purchaser, the registered person must— account to the grantee for an interest in the section contract that the registered person controlled before the grant was made; and take all action necessary to vest the interest in the contract that remains under the registered person’s control in the grantee. (sec.44-ssec.7) In a section contract, a reference to a purchaser includes a reference to the purchaser’s personal representative, to the extent there is no contrary intention in the section contract.