QLDIn ForceAct
Trustee Companies Act 1968
sec.47Application for consent to be by motion
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### sec.47 Application for consent to be by motion
Every application for consent under sections 20 , 23 and 24 shall be by motion.
Notice of the application shall be advertised once in a daily newspaper published in Brisbane not more than 14 nor less than 7 days before the making of the application, and in case of an executor or administrator of a testator or intestate dying in Queensland, elsewhere than in Brisbane, a like notice shall be also advertised once within the like period in some local newspaper (if any) circulating in the district in which the testator or intestate had his or her usual place of residence immediately prior to his or her decease.
The Court may require any person resident in Queensland and entitled to the immediate receipt of any part of the income or corpus of the estate in respect of which the application is made to be served with notice thereof.
The costs of the application shall be in the discretion of the Court and may be ordered to be paid out of the estate.
Consent shall not be given in any case of a will in which the testator has expressed his or her desire that the trusts thereof should not be delegated or that the trustee company should not act therein.
(sec.47-ssec.1) Every application for consent under sections 20 , 23 and 24 shall be by motion.
(sec.47-ssec.2) Notice of the application shall be advertised once in a daily newspaper published in Brisbane not more than 14 nor less than 7 days before the making of the application, and in case of an executor or administrator of a testator or intestate dying in Queensland, elsewhere than in Brisbane, a like notice shall be also advertised once within the like period in some local newspaper (if any) circulating in the district in which the testator or intestate had his or her usual place of residence immediately prior to his or her decease.
(sec.47-ssec.3) The Court may require any person resident in Queensland and entitled to the immediate receipt of any part of the income or corpus of the estate in respect of which the application is made to be served with notice thereof.
(sec.47-ssec.4) The costs of the application shall be in the discretion of the Court and may be ordered to be paid out of the estate.
(sec.47-ssec.5) Consent shall not be given in any case of a will in which the testator has expressed his or her desire that the trusts thereof should not be delegated or that the trustee company should not act therein.