QLDIn ForceAct
Property Law Act 2023
sec.20Recovery of property when life estate ends
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### sec.20 Recovery of property when life estate ends
This section applies if—
a life estate ends; and
a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in the property; and
a person, other than the remainder person (the third person ), continues in possession of, or receives rent or profits in relation to, the remainder person’s interest in the property.
The remainder person may apply to the court for any or all of the following in relation to the interest in the property—
possession;
damages;
an account of rent or profits.
If the life tenant or third person has been absent for at least 7 years, the court may presume the life tenant or third person has died.
The presumption mentioned in subsection (3) is rebuttable.
The court may hear and decide the application and make the orders it considers appropriate.
If, after the court has decided the application, a life tenant or third person presumed dead by the court is proved to be alive—
a person with an interest in the property may apply to the court for any or all of the following in relation to the property—
possession;
damages;
an account of rent or profits; and
the court may hear and decide the application and make the orders it considers appropriate.
(sec.20-ssec.1) This section applies if— a life estate ends; and a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in the property; and a person, other than the remainder person (the third person ), continues in possession of, or receives rent or profits in relation to, the remainder person’s interest in the property.
(sec.20-ssec.2) The remainder person may apply to the court for any or all of the following in relation to the interest in the property— possession; damages; an account of rent or profits.
(sec.20-ssec.3) If the life tenant or third person has been absent for at least 7 years, the court may presume the life tenant or third person has died.
(sec.20-ssec.4) The presumption mentioned in subsection (3) is rebuttable.
(sec.20-ssec.5) The court may hear and decide the application and make the orders it considers appropriate.
(sec.20-ssec.6) If, after the court has decided the application, a life tenant or third person presumed dead by the court is proved to be alive— a person with an interest in the property may apply to the court for any or all of the following in relation to the property— possession; damages; an account of rent or profits; and the court may hear and decide the application and make the orders it considers appropriate.
- (a) a life estate ends; and
- (b) a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in the property; and
- (c) a person, other than the remainder person (the third person ), continues in possession of, or receives rent or profits in relation to, the remainder person’s interest in the property.
- (a) possession;
- (b) damages;
- (c) an account of rent or profits.
- (a) a person with an interest in the property may apply to the court for any or all of the following in relation to the property— (i) possession; (ii) damages; (iii) an account of rent or profits; and
- (i) possession;
- (ii) damages;
- (iii) an account of rent or profits; and
- (b) the court may hear and decide the application and make the orders it considers appropriate.
- (i) possession;
- (ii) damages;
- (iii) an account of rent or profits; and