QLDIn ForceAct
Succession Act 1981
sec.32Delivery of will or other instrument if testator has died
Start here
Get a plain-English read of sec.32
Turn the raw legal text into a practical explanation grounded in Succession Act 1981.
### sec.32 Delivery of will or other instrument if testator has died
This section applies if—
a will or other instrument is held by the registrar under section 29 or 30 ; and
the minor or other person without testamentary capacity has died.
An executor named in the will, an executor by representation or a person entitled to apply for letters of administration with the will, may apply in writing to the registrar to be given the will or other instrument.
On receiving the application, the registrar must give the will or other instrument to—
the applicant; or
any legal practitioner or trustee company nominated by the applicant; or
the public trustee, if nominated by the applicant.
If there is doubt about the person to whom the will or other instrument should be given, the registrar or anyone else may apply to the court for directions.
The registrar must make an accurate copy of each will or other instrument given to a person under subsection (3) and hold the copy.
In this section—
trustee company see the Trustee Companies Act 1968 , section 4 .
s 32 sub 2006 No. 1 s 6
(sec.32-ssec.1) This section applies if— a will or other instrument is held by the registrar under section 29 or 30 ; and the minor or other person without testamentary capacity has died.
(sec.32-ssec.2) An executor named in the will, an executor by representation or a person entitled to apply for letters of administration with the will, may apply in writing to the registrar to be given the will or other instrument.
(sec.32-ssec.3) On receiving the application, the registrar must give the will or other instrument to— the applicant; or any legal practitioner or trustee company nominated by the applicant; or the public trustee, if nominated by the applicant.
(sec.32-ssec.4) If there is doubt about the person to whom the will or other instrument should be given, the registrar or anyone else may apply to the court for directions.
(sec.32-ssec.5) The registrar must make an accurate copy of each will or other instrument given to a person under subsection (3) and hold the copy.
(sec.32-ssec.6) In this section— trustee company see the Trustee Companies Act 1968 , section 4 .
- (a) a will or other instrument is held by the registrar under section 29 or 30 ; and
- (b) the minor or other person without testamentary capacity has died.
- (a) the applicant; or
- (b) any legal practitioner or trustee company nominated by the applicant; or
- (c) the public trustee, if nominated by the applicant.