Escheat Amendment Act of 1962 (Qld)

110 ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE I I I I II I II I I I I I II I I I I I I II I II I I I I II I I II I I •I I II I I I II II I No. 16 of 1962 An Act to Amend "The :Escheat (Procedure and Amendment) Act, 1891," in certain particulars [ASSENTED TO 3RD DECEMBER, 1962] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice .md consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as foilows:- 1. (1) Short tide. This Act may be cited as "The Escheat Amendment Act of 1962" (2) Principal Act. "The Escheat (Procedure and Amendment) Act, 1891" is in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as "The Escheat Acts, 1891 to 1962." 2. New Section 3A. The following section is inserted after section three of the Principal Act:- "[3A.] (1) Waiver of right by the Crown. Where the Crown, or it is made to appear to the Governor in Council that the Crown, has a right to any property, by escheat or devolution, on the death intestate of any person, whether the death occurred before or after the passing

Escheat (Procedure and Amendment) Act of 1962, No. 16 of "The Escheat Amendment Act of 1962", the Governor in Council, upon application being made for the waiver of that right, may by Order in Council waive such right on such terms (if any), whether for the payment of money or otherwise, in favour of any one or more of the following persons, whether belonging to the same or to different classes:- (a) any dependants, whether kindred or not, of the intestate; (b) any other persons for whom the intestate might reasonably have been expected to make provision; (c) any persons to whom Her Majesty would, if Her Majesty's title had been duly proved by inquisition, have power to grant such property; (d) any other persons having in the opinion of the Governor in Council a just claim to the grant of the property; and (e) the trustees of any person as aforesaid. (2) Vesting of right waived. Upon a waiver made under subsection (1) of this section, the right of Her Majesty so waived, subject to subsection (4) of this section, shall vest in the person or persons in favour of whom the waiver is made. (3) Giving effect to the waiver. (a) For the purpose of giving effect to any waiver under subsection (1) of this section, the Governor in Council by the Order in Council making the waiver or by a further Order in Council may do all or any of the following things:- (i) appoint such person as he considers suitable to be administrator of the property of the person who has died intestate (hereinafter referred to as "the deceased") and the person so appointed may apply to the Supreme Court for a grant of letters of administration of the property of the deceased and such letters of administration may be granted accordingly. For the purposes of the grant of the letters of administration and the administration thereunder, the property in respect of which the right of Her Majesty has been waived shall be deemed to form part of the estate of the deceased to be administered in accordance with the terms of the waiver for the benefit of the person or persons in favour of whom the waiver is made; (ii) appoint a person to execute any conveyance or transfer or other document for the purpose of conveying or transferring in accordance with the terms of the waiver to the person or persons in whose favour the waiver is made the right of Her Majesty so waived; and (iii) give all such directions as he may consider necessary or desirable to give effect to the waiver (including the terms thereof), and such directions shall have the force of law. (b) For the purpose of giving effect to any waiver made under subsection (1) of this section, the Governor in Council, at any time may grant the land or other property whatsoever the subject of the waiver or any part thereof, and in the case of land in fee-simple or for any less estate, to the administrator appointed under this section or to any person or persons in favour of whom the waiver is made. 111

112 Escheat (Procedure and Amendment) Act vf 1962, No. 16 (4) Inquisition where claimant. If at any time not later than two months after the making of an Order in Council waiving the title of Her Majesty to any property, any person claiming any estate or interest in or to the said property requests that a Writ of Inquisition in respect of Her Majesty's title thereto be issued, and gives security to the satisfac+jon of a Crown Law Officer for the costs of the issue and execution of such writ, such writ may issue under this Act and the Order in Council waiving the right of Her Majesty shall cease to have effect as from the date when it was made. If the title of Her Majesty to the property is established by a certificate returned under this Act then at any time after the time for traversing such certificate has expired, a further Order in Council (which may or may not differ from the previous Order in Council) waiving the right of Her Majesty may be made under subsection (1) of this section, but no further request may be made under this subsection. If an Order in Council is made waiving the right of Her Majesty to any land or interest in land then in relation to that land or interest the provisions of section four of this Act shall be read subject to this subsection save that a Writ of Inquisition at the instance of the Crown may issue at any time. (5) Definition. In this section ..property" means real or personal property and includes any legal or equitable estate or interest in any property.