QLDIn ForceAct
Public Trustee Act 1978
sec.135Validation of acts of public trustee under administration granted in error
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### sec.135 Validation of acts of public trustee under administration granted in error
All things done or omitted by the public trustee under the bona fide belief, which shall be assumed until the contrary be proved, that a person has died testate or intestate shall, notwithstanding that it is afterwards found that such person had not died at the time in question, or did not die intestate, or that the will is not the valid last will of the deceased, be as valid and effectual as if the public trustee had been lawfully appointed or entitled to act as executor, administrator, or trustee.
The public trustee may retain out of the estate any commissions, charges, or expenses, including liabilities incurred, that could have been retained or claimed by the public trustee had there been no error in the grant of probate or administration or other basis on which the public trustee has claimed to administer the estate.
In any such case, nothing in this section shall affect or prejudice any right of any person against any other person to whom the public trustee has transferred any property or paid any moneys.
(sec.135-ssec.1) All things done or omitted by the public trustee under the bona fide belief, which shall be assumed until the contrary be proved, that a person has died testate or intestate shall, notwithstanding that it is afterwards found that such person had not died at the time in question, or did not die intestate, or that the will is not the valid last will of the deceased, be as valid and effectual as if the public trustee had been lawfully appointed or entitled to act as executor, administrator, or trustee.
(sec.135-ssec.2) The public trustee may retain out of the estate any commissions, charges, or expenses, including liabilities incurred, that could have been retained or claimed by the public trustee had there been no error in the grant of probate or administration or other basis on which the public trustee has claimed to administer the estate.
(sec.135-ssec.3) In any such case, nothing in this section shall affect or prejudice any right of any person against any other person to whom the public trustee has transferred any property or paid any moneys.