sec.29Circumstances in which public trustee may apply for order to administer

### sec.29 Circumstances in which public trustee may apply for order to administer Where any person has died, whether before or after the commencement of this Act, being at the time of the person’s death domiciled in Queensland or leaving property situated in Queensland and a grant of administration has not been made in Queensland to any other person, the public trustee may apply for and be granted an order to administer the estate of such person— where the deceased is intestate; or where the deceased left a will and— the public trustee was appointed executor thereby; or the executors appointed thereby have renounced; or there is no executor willing and capable of acting in the execution of the will resident in Queensland; or every executor appointed by the will has died; or no person has applied for probate or letters of administration with the will annexed within a period of 3 months from the death of the deceased; or the property or any portion thereof is liable to waste, and the executor is not known or can not be found. Where part of an estate of a deceased person in respect of which a grant of administration has been made in Queensland is unadministered and the executor or administrator— has died; or has become bankrupt or incapable; or is absent from Queensland or can not be found; the public trustee may apply for and be granted an order to administer the estate left unadministered. On an application under subsection (1) (a) no further proof of the death and intestacy of the deceased shall be required than an affidavit that, after due inquiries, the public trustee is satisfied of the death and intestacy. On an application under subsection (1) or (2) (a) the public trustee shall be entitled as of right to an order to administer. However, if some person who would be entitled to a grant of administration applies therefor the court may make a grant of administration to such person. It shall not be necessary or required, unless the court for special reason in a particular case so directs, that the public trustee give notice of such application generally or to any person, except in the case of an application under subsection (1) (b) (v) or an application under subsection (2) (b) . However, the court may in either of such last mentioned cases dispense with any notice which would otherwise be required. Notwithstanding any other provisions of this section— the court may, in any case where it might make a limited grant of administration to any other person, grant to the public trustee an order to administer similarly limited; and the public trustee may, in any case in which the public trustee is entitled to an order to administer, apply for and obtain a grant of probate or of letters of administration as the case may be, or may propound a will in solemn form of law. Where the public trustee is granted an order to administer with a will whereby any other person was appointed both executor thereof and a trustee thereunder, the public trustee shall, while the order to administer remains in force, by virtue thereof and without further appointment, be deemed to be appointed a trustee under the will in the place of such person. In any case where the public trustee, pursuant to the provisions of this Act, applies for an order to administer or for a grant of probate or of letters of administration, or propounds a will in solemn form of law, the public trustee shall, unless the court otherwise orders in exceptional circumstances, be entitled to the public trustee’s costs out of the estate and not be liable for the costs of any other person. (sec.29-ssec.1) Where any person has died, whether before or after the commencement of this Act, being at the time of the person’s death domiciled in Queensland or leaving property situated in Queensland and a grant of administration has not been made in Queensland to any other person, the public trustee may apply for and be granted an order to administer the estate of such person— where the deceased is intestate; or where the deceased left a will and— the public trustee was appointed executor thereby; or the executors appointed thereby have renounced; or there is no executor willing and capable of acting in the execution of the will resident in Queensland; or every executor appointed by the will has died; or no person has applied for probate or letters of administration with the will annexed within a period of 3 months from the death of the deceased; or the property or any portion thereof is liable to waste, and the executor is not known or can not be found. (sec.29-ssec.2) Where part of an estate of a deceased person in respect of which a grant of administration has been made in Queensland is unadministered and the executor or administrator— has died; or has become bankrupt or incapable; or is absent from Queensland or can not be found; the public trustee may apply for and be granted an order to administer the estate left unadministered. (sec.29-ssec.3) On an application under subsection (1) (a) no further proof of the death and intestacy of the deceased shall be required than an affidavit that, after due inquiries, the public trustee is satisfied of the death and intestacy. (sec.29-ssec.4) On an application under subsection (1) or (2) (a) the public trustee shall be entitled as of right to an order to administer. (sec.29-ssec.4A) However, if some person who would be entitled to a grant of administration applies therefor the court may make a grant of administration to such person. (sec.29-ssec.5) It shall not be necessary or required, unless the court for special reason in a particular case so directs, that the public trustee give notice of such application generally or to any person, except in the case of an application under subsection (1) (b) (v) or an application under subsection (2) (b) . (sec.29-ssec.5A) However, the court may in either of such last mentioned cases dispense with any notice which would otherwise be required. (sec.29-ssec.6) Notwithstanding any other provisions of this section— the court may, in any case where it might make a limited grant of administration to any other person, grant to the public trustee an order to administer similarly limited; and the public trustee may, in any case in which the public trustee is entitled to an order to administer, apply for and obtain a grant of probate or of letters of administration as the case may be, or may propound a will in solemn form of law. (sec.29-ssec.7) Where the public trustee is granted an order to administer with a will whereby any other person was appointed both executor thereof and a trustee thereunder, the public trustee shall, while the order to administer remains in force, by virtue thereof and without further appointment, be deemed to be appointed a trustee under the will in the place of such person. (sec.29-ssec.8) In any case where the public trustee, pursuant to the provisions of this Act, applies for an order to administer or for a grant of probate or of letters of administration, or propounds a will in solemn form of law, the public trustee shall, unless the court otherwise orders in exceptional circumstances, be entitled to the public trustee’s costs out of the estate and not be liable for the costs of any other person. - (a) where the deceased is intestate; or - (b) where the deceased left a will and— (i) the public trustee was appointed executor thereby; or (ii) the executors appointed thereby have renounced; or (iii) there is no executor willing and capable of acting in the execution of the will resident in Queensland; or (iv) every executor appointed by the will has died; or (v) no person has applied for probate or letters of administration with the will annexed within a period of 3 months from the death of the deceased; or (vi) the property or any portion thereof is liable to waste, and the executor is not known or can not be found. - (i) the public trustee was appointed executor thereby; or - (ii) the executors appointed thereby have renounced; or - (iii) there is no executor willing and capable of acting in the execution of the will resident in Queensland; or - (iv) every executor appointed by the will has died; or - (v) no person has applied for probate or letters of administration with the will annexed within a period of 3 months from the death of the deceased; or - (vi) the property or any portion thereof is liable to waste, and the executor is not known or can not be found. - (i) the public trustee was appointed executor thereby; or - (ii) the executors appointed thereby have renounced; or - (iii) there is no executor willing and capable of acting in the execution of the will resident in Queensland; or - (iv) every executor appointed by the will has died; or - (v) no person has applied for probate or letters of administration with the will annexed within a period of 3 months from the death of the deceased; or - (vi) the property or any portion thereof is liable to waste, and the executor is not known or can not be found. - (a) has died; or - (b) has become bankrupt or incapable; or - (c) is absent from Queensland or can not be found; - (a) the court may, in any case where it might make a limited grant of administration to any other person, grant to the public trustee an order to administer similarly limited; and - (b) the public trustee may, in any case in which the public trustee is entitled to an order to administer, apply for and obtain a grant of probate or of letters of administration as the case may be, or may propound a will in solemn form of law.