Public Curator Acts Amendment Act of 1945 (10 Geo Vi No. 10) (Qld)

TRUSTS AND TRUSTEES. Public Cu.rator Acts Amendment Act. 10 GEO. VI. No. 10, 1945. 421 TRUSTS AND TRUSTEES. An Aot to Amend "The Publio Curator Aots, 1915 loN~~oio~ I. to 1943," in oertain partioulars, and for~ ~ ~ ot h er purposes. AlDIlmJOlft' AC'J.' 01' 1945. [ASSENTED TO 18TH DECEMBER, 1945.1 B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the J.Jegis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Public Ourator Short title Acts Amendment Act of 1945,'? and shall be read as one and tru t' with *" The Public Ourator Acts, 1915 to 1943," herein cons cIon. referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as " The Public Ourator Acts, 1915 to 1945." title. Amendments of the Principal Act. 2. Subsection one of section three of the Amendment Principal Act is amended by inserting the word" First" ofs. 3 (1). before the word "Schedule" in the first paragraph thereof. 3. Subsection three of section seventeen of the Amendment Principal Act is amended by adding thereto the words oh. 17 (3). " in whole or in part as from time to time directed by Order in Council." 4. Section eighteen of the Principal Act is amended Amendment as follows:- of s. 18. (a) In subsection one thereof the word" capital" is repealed. . (b) Subsection four thereof is amended by repealing the words "quarterly, on the first days of January, April, July, and October" and by inserting, in lieu of such repealed words, the words "half-yearly, on the first days of January and July." * 6 G. 5 No. 14 a.nd amending Acts, v. 9, p. 627 et Beq.

422 TRUSTS AND TRUSTEES. P1lblic Curator Acts Amendment Act. 10 GEO. VI. No. 10, Amendment 5. Subsection seven of section 21A of the Principal of B. 21A (7). Act is amended as follows :_ (a) The words" or in the subscription to or purchase of any loan or loans issued by the Government of the Commonwealth of Australia or of any State thereof" are added to subparagraph (c) of paragraph (ii.) thereof. (b) The following subparagraph is added to paragraph (ii.) thereof, namely : - "(f) Under the provisions of Part IIIA. of this Act and of *" The Mental Hygiene Act of 1938 "." Amendment 6. Subsection one of section twenty-nine of the ofs. 29 (I). Principal Act is amended by the addition thereto of the following proviso, namely:- "Provided that where the gross value of the estate is under five hundred pounds, and the public curator is satisfied that the executor has not intermeddled in the estate with the object of defeating creditors, such executor may, unless expressly prohibited, appoint the public curator sole executor thereof without obtaining the consent of the court." Amendment 7. Subsection one of section thirty-four of the of8.34(1). Principal Act is amended as follows:- (a) In paragraph (iv.) thereof the word" death" . is inserted before the word" absence." (b) The following paragraph is added thereto namely:- " (vii.) Where the public curator has been appointed sole executor of the will of such person pursuant to the provisions of section twenty-nine of this Act." Amendment 8. Section thirty-five of the Principal Act is amended of s. 35. by adding the following subsection thereto, namely : - " (3.) For the purposes of this section administration shall include administration granted to an executor or an administrator with or without the will annexed." Amendment 9. Section thirty-seven of the Principal Act is ofs.37. amended as follows:- (a) In subsection one thereof the words" in Queens- land" are inserted after the word "property" where ---- ---------- * 2 G. 6 No. 21, 1938 Sess. v., p. 17038.

TRUSTS AND 'l'RUSTEES. 1945. Public Curator Acts Amendment Act. such word appears for the first time, the word " four " is repealed and the word" five" is inserted in lieu of such repealed word, and the words" and of the property of the intestate as then known" are repealed. (b) In subsection two thereof the words "in Queensland" are inserted after the word "property" where such word appears for the first time, the word " four" is repealed and the word" five" is inserted in lieu of such repealed word, the words " or an order to administer" are inserted after the word "probate" where such word appears for the second and third times, and the words " and the property of the testator as then known" are repealed. (c) Subsection four thereofis repealed and the follows ing subsections, numbered 4 and 4A, are inserted in lieu thereof, namely ;- "(4.) Where a grant of administration has been made in respect of the estate of any deceased person and the person to whom such grant was made has died before the passing of *" The Public Ourator Acts Amend- ment Act of 1945," or dies on or after such date, leaving part of the estate unadministered in Queensland and the gross value of such part of the estate so left. unadministered in Queensland at the time of the election hereinafter in this subsection mentioned does not exceed the sum of five hundred pounds as estimated by the public curator and no person has since the death of the last executor or administrator obtained a grant of administration de bonis non in respect of the estate, the public curator may, in all cases where he would be entitled to obtain an order to administer de bonis non, in lieu of obtaining such order file in the Court an election under his hand (and in the case of a testate estate also under his seal) setting forth the fact of the original grant, the death of the executors or administrators, and electing to administer the lands and goods so left unadministered. For the purposes of this subsection the term "grant of administration" shall include a grant of probate or letters of administration with or without the will annexed. (4A.) On the election referred to in subsection four of this section being filed the public curator shall be * This Act.

424 TRUSTS AND TRUSTEES. Public Ctt.rata?' Acts Amendment Act. 10 GEO. VI. No. 10, deemed to be the administrator of the estate left unadministered in Queensland in all respects as if an order to administer the lands and goods of the deceased person had been regularly granted to him." (d) In subsection five thereof the word "six" is repealed and the word "seven" is inserted in lieu of such repealed word. (e) The following paragraph is inserted after paragraph (c) of subsection 5A thereof, namely:- " or (d) That the said election is invalid or ineffective for any other reason,". New s. 39A 1O. The following section is inserted after section inserted. thirty-nine of the Principal Act, namely:- Adminis- " [39A.] Where the value of any estate of a deceased tration of person in the hands of the public curator in respect of eusntdaeters of which estate he would be entitled to file an election tpwoeunntdys- . five edsoteastenoint oexr ctoeewdartwdsenthtye-fpiavyempeonutnodsf ahneymclaayimasppolfywshuicchh he has knowledge or to the persons entitled thereto without filing an election to administer, and, notwith- standing the provisions of section sixty-four of this Act, it shall not be necessary for him to cause advertisements to be published calling on creditors to prove their debts." Repeal of s.40. 11. Section forty of the Principal Act is repealed. Amendment 12. Section forty-three of the Principal Act is ofs.43. amended by repealing in subparagraph (a) of paragraph (ii.) thereof the words "eighteen months" and by inserting the words " two years " in lieu of such repealed words. Amendment 13. Section forty-five of the Principal Act is of s. 45. amended by adding the following subsection thereto, namely:- "(3.) The written direction directing the public curator to account to such infant according to the provisions of the trust instrument shall specifywhether the sum to which it relates is the whole or part only of the amount to which the infant is entitled, and the public curator shall be under no liability if he acts upon the statement contained in the aforesaid writing."

TRUSTS AND TRUSTEES. 425 1945. Public Ourator Acts Amendment Act. 14 Section forty-nine of the Principal Act is Amendment amended by adding the following subsection thereto, of s. 49. namely:- "(3.) (a) Notwithstanding anything hereinbefore in this section contained, where the fund does not exceed one thousand pounds the public curator in lieu of applying to the court for directions as to the administration of the fund may, with the consent of the committee (if any) or the majority of the members thereof, settle a scheme of administration. (b) The scheme so settled may be incorporated in a declaration of trust by the public curator, who, for the purpose of such trust instrument, shall be deemed to be the settlor of such trust. (c) Subject to paragraph (d) of this subsection every statement or recital in any such trust instrument shall be sufficient evidence of the truth thereof, and the provisions of such declaration of trust shall be final and binding on all persons, whether beneficially interested thereunder or otherwise: Provided that the public curator may, if he thinks fit so to do, and with the consent of the surviving members of the committee (if any) in Queensland or a majority of such, at any time modify such scheme, and the declaration of trust shall be amended accordingly. (d) The public curator may revoke any such trust instrument if he is satisfied that the scheme incorporated therein is affected by fraud, mistake, or misrepresentation by, or by any member of, the committee or by any agent, servant, or representative of the committee or of any member thereof, and upon such revocation may in pursuance of this subsection settle another scheme of administration in respect of the fund in question and incorporate such scheme in a declaration of trust." 15. The following section is inserted after section !Sew s. 49A forty-nine of the Principal Act, namely:- mserted. "[49A.] If any moneys become payable to any ~dministra­ minor or minors out of any fund or moneys, including ~~~li~Y any provident, superannuation, or benefit fund, by any curator person or body who or which has control of such ; ~ : ~ ~ : ~ ~ fund or moneys, such person or body may pay such mino.r from amount to the public curator, who may invest same in f~ ~ld~~t the common fund and apply same to the education, , . benefit, and maintenance of the minor or minors."

426 TRUSTS AND TRUSTEES. Public Curator Acts Amendment Act. 10 GEO. VI. No. 10, Amendment 16. Section 53A of the Principal Act is amended as of 11. 53.&.. follows : _ (a) The words "or any part of the estate" are inserted after the words" administering the estate." (b) In paragraph (a) thereof the words "or the funeral expenses of the said testator or the expenses of administration" are inserted after the word "death." (c) The words " or is an alien, or is residing beyond the State or whose whereabouts are unknown or as to whom it is not known whether he is alive or dead" are added to paragraph (b) thereof. (d) The following paragraph is inserted after paragraph (b) thereof, namely:- " or (c) To any person, and the said testator had before his death sold or disposed of the said land and the purchase money is wholly or in part unpaid." New 8. S3D 17. The following section is inserted after section inserted. 53A of the Principal Act, namely:- TranmnissioD " [53B.] (1.) Where any person has died before ; ~ = ~ty the date of the passing of *" The Public Curator Acts :=!!m. in certain Amendment Act of 1945," or dies on or after such date, in or out of Queensland, leaving property the gross value of which as estimated by the public curator does not at the time of lodging the certificate hereinafter in this section mentioned exceed one thousand pounds and the net value of which as so estimated does not exceed six hundred pounds,· and which consists wholly or in part of real property in Queensland, and- (i.) The public curator has taken out administra- tion; or ( ii.) Such person has left a will whereof the public curator is the executor, the public curator may in all such cases, in lieu of entering up transmission by death pursuant to the provisions of t" The Real Property Acts, 1861 to 1942," lodge in the office of the Registrar of Titles the appropriate certificate in writing setting forth- (a) The name and address of the deceased; and (b) The date of his death; and * This Act. t 25 v. No. 14 and amending Acts, v. 8, p. 163 et 8eg.

TRUSTS AND TRUSTEES. 1945. P1tblic Curator Acts Amendment Act. (c) The description of the real property of which the deceased is the registered proprietor; and (d) Particulars of any grant of administration obtained by the public curator; and (e) The amount at which the public curator then estimates the gross value and the net value, respectively, of the property left by the deceased; and (f) The name and address of the person claimed by him to be entitled to transmission by death of such real property, and request that transmission be entered up to such person so claimed by the public curator to be entitled .thereto. Where transmission is so requested in pursuance of the provisions of a will or of section 53A of this Act, such will or a Supreme Court office copy thereof shall be annexed to the certificate. (2.) The appropriate certificate for the purposes of subsection one of this section shall be- (i.) If the deceased has died intestate, a certificate in or to the effect of Form one in the Second Schedule to this Act; (ii.) If the deceased has died leaving a will and the public curator has been granted an order to administer or has filed an election to administer, a certificate in or to the effect of Form two in the Second Schedule to this Act; (iii.) If the deceased has died leaving a valid will (including any such will devising real property in Queensland to the public curator as trustee) and no person entitled in that behalf proposes to prove such will, a certificate in or to the effect of Form three in the Second Schedule to this Act; (iv.) Where transmission by death is applied for under section 53A of this Act, a certificate in or to the effect of Form four in the Second Schedule to this Act. (3.) Whenever any certificate under this section shall be lodged with the Registrar of Titles he shall refer the same to the Master of Titles for his consideration ··'421

428 TRUSTS AND TRUSTEES. PubUc Curu-tm' Acts Amendment Act. 10 GEO. VI. No. 10, and if it shall appear to the satisfaction of the Master of Titles that the person Claimed by the public curator to be entitled to have transmission entered up to him is so entitled the Registrar of Titles shall (subject to the provisions of *" The Real Property Acts, 1861 to 1942," with respect to caveats, and to being duly satisfied. that no duty under t" The Succession and Probate Duties Acts, 1892 to 1935," is payable or that such duty has been paid or accounted for) register the person certified to therein as duly entitled to transmission by death of the real property set forth therein as proprietor of such land for the estate or interest to which he appears to be entitled pursuant to such certificate : Provided always that all existing grants or certificates of title of the land set out in any such certificate shall be surrendered before registration. aB herein in this subsection prescribed, unless the production of any such deed of grant or certificate of title be duly dispensed with: Provided further that, notwithstanding anything contained in *" The Real Property Acts, 1861 to 1942," it shall not be necessary to advertise for caveats against such registration except in the cases set out in paragraph (lii.) of the next succeeding subsection. (4.) The Registrar of Titles shall be entitled to charge and recover the fees and costs hereinafter in this subsection specified and no other fees or costs whatsoever in respect of any certificate lodged with him under this section. Such fees and costs shall be- (i.) Where the certificate sets out one deed of grant or certificate of title, one pound; (ii.) Where the certificate sets out two or more deeds of grant andlor certificates of title, one pound for the first deed or certificate and ten shillings each for the second and every subsequent deed of grant or certificate of title ; (iii.) Where transmission is requested in pursuance of a will and such will is annexed to the certificate, the cost of publishing in ... 25 V. No. 14 and amending Acts, v. 8, p. 163 et 8eq. t 56 V. No. 13 a.nd amending Acts, v. 9, p. 71 et 8eq.

TRUSTS AND TRUSTEES. 429 1945. Public Curator Acts Amendment Act. a newspaper circulating in the area within which the testator last lived or carried on business a notice that such request has been made and of the last day upon which a caveat may be lodged; (iv.) Where any new certificate of title of the land in question or part thereof is issued in respect of the registration of any certificate lodged under this section, one pound and five shillings for each such new certificate of title. Moreover the Registrar of Titles shall be entitled to charge and recover the cost incurred by him in duly advertising notice of his intention to dispense with the production of any deed of grant or certificate of title set out in any certificate lodged under this section. (5.) A sum shall not be leviable or payable under section forty-one of the *" Real Property Act of 1861 " in respect of the real property set forth in any certificate under this section. The assurance fund constituted under t" The Real Property Acts, 1861 to 1942," shall not be liable in any manner whatsoever in respect of the registration by the Registrar of Titles of any certificate under this section. (6.) The stamp duty to be charged for the use of His Majesty upon any request to enter transmission under this section shall be two shillings and sixpence. (7.) To the extent necessary to give effect to the provisions of this section as respects stamp duty and fees and costs payable to the Registrar of Titles in respect of any certificate under this section t" The Stamp Acts, 1894 to 1942," and t" The Real Property Acts, 1861 to 1942," shall be read and construed subject to this section." 18 The following section is inserted after section New s. 530 53B of the Principal Act as inserted by section seventeen inserted. of this Act, namely :- "[530.] (1.) Whenever the public curator has been registered in respect of any real property in pursuance of the provisions of section 53B of this Act and a transfer * 25 V. No. 14, v. 8, p. 163. * t 25 V. No. 14 and am.ending Acts, v. 8, p. 163 et seq. 58 V. No. 8 and am.ending Acts, v. 8, p. ll08 et seq.

430 TRUSTS AND '!'RUSTEES. Public Cnrator Acts Amendment Act. 10 GEO. VI. No. 10, of such real property in favour of the widow of the deceased person has been executed by the public curator either in due course of administration to her as the sole beneficiary or pursuant to the provisions of sections sixty-eight, seventy, or seventy-two of this Act or with the consents of all the other beneficiaries then the stamp duty to be charged for the use of His Majesty upon such transfer shall be ten shillings and the Registrar of Titles shall be entitled to charge and recover the fees herein- after in this subsection specified and no other fees whatsoever in respect of any such transfer lodged in his office for registration. Such fees shall be- (i.) Where the transfer sets out one deed of grant or certificate of title, one pound; (ii.) Where the transfer sets out two or more deeds of grant and/or certificates of title, one pound for the first deed or certificate and ten shillings each for the second and every subsequent deed of grant or certificate of title ; (iii.) Where any new certificate of title of the land in question or part thereof is issued in respect of the registration of any such transfer, one pound and five shillings for each such new certificate of title. (2.) To the extent necessary to give effect to the provisions of this section as respects stamp duty and fees payable to the Registrar of Titles in respect of any such transfer *" The Stamp Acts, 1894 to 1942," and t" The Real Property Acts, 1861 to 1942," shall be read and construed subject to this section." Amendment 19. Subsection two of section fifty-five of the of s. 55 (2). Principal Act is amended by inserting therein after the words "performance of his duties" the words "and may require the trustees to supply him with any authority that may be necessary from them to secure to such auditor access to such of the books, accounts, and vouchers of any person, firm, bank, or company in which the auditor has reason to believe are recorded any transactions relating to the said trust, and any * 58 V. No. 8 and amending Acts, v. 8, p. ll08 et seq. t 25 V. No. 14 and am,ending Acts, v. 8, p. 163 et seq.

1945. TRUSTS AND TRUSTEES. Public Curator Acts Amendment Act. such person, firm, bank, or company, on presentation of such authority, shall make available all such books, accounts, and vouchers." 20. Section fifty-six of the Principal Act is repealed Repeal of and the following section is inserted in lieu thereOf, :~ : 6r: ew namely:- "[56.] (1.) Where any mortgagee or encumbrancee Public of property- o m ur a a y t g o~ tve (a) Is absent from Queensland; or ~ ha~ mcertam (b) Is dead and his estate has not been cases. administered or it appears to the public curator that his estate has been administered except in so far as relates to the discharge of any mortgage or encumbrance or the execution of a transfer of any freehold land; or (c) Cannot be found; or (d) Is a corporation or company which has ceased to exist, and so far as the mortgagor or encumbrancer is aware there is no person in Queensland authorised to give a discharge of the moneys the payment of which is secured by the mortgage or encumbrance at or after the time appointed for such payment, and the public curator is satisfied that there is no such person, the public curator- (i.) Where the whole of such moneys have not been paid, on tender to him of the- amount outstanding and on proof to his satisfaction that such amount tendered is the whole amount due under the mortgage or encum- brance may receive the same in trust for the mortgagee or encumbrancee or other person entitled thereto, and on receipt thereof shall . sign a memorandum of discharge of the moneys secured by the mortgage or encum- brance in the prescribed form; or (ii.) Where the whole amount due under the mortgage or encumbrance has been paid, .on proof to his satisfaction of that fact may sign a memorandum of discharge of the moneys secured by such mortgage or encumbrance in the prescribed form.

432 TRUSTS AND TRUSTEES. Public Curator Acts Amendment Act. 10 GEO. VI. No. 10, Such memorandum of discharge shall operate as if the same had been signed by the mortgagee or encumbrancee himself. (2.) In the case of land or estates or interests in land, upon presentation of such memorandum the proper Registrar of Titles or other officer concerned shall make an entry,in the register discharging such mortgage or encumbrance, stating the day and hour on which such entry is made. Such entry shall be a valid discharge of such mortgage or encumbrance and shall have the same force and effect as hereinbefore given by a like entry when made upon production of the mortgage or encumbrance with the receipt of the mortgagee or encumbrancee. Such Registrar of Titles or other officer as aforesaid shall also endorse on the grant certificate or other document of title and also on the memorandum of mortgage or encumbrance whenever those instruments are brought to him for that purpose the several particulars hereinbefore directed to be endorsed upon each of such instruments respectively. (3.) In other cases such memorandum of discharge, when registered, shall for the protection of any person dealing with the mortgagor or encumbrancer in good faith and for value be conclusive proof of the happenings of all conditions necessary to entitle the public curator to receive the moneys secured by the mortgage or encumbFance and to sign such memorandum, and shall be a valid discharge for such mortgage or encumbrance. (4.) The production of the public curator's *memo- rendum of discharge of the moneys secured by the mortgage or encumbrance shall be sufficient authority to the person in possession of the instruments of title to the mortgaged or encumbered property to deliver the same to the mortgagor or encumbrancer. (5.) The Court may in a summary way order any person in possession of the instruments of title to the mortgaged or encumbered property to deliver them to the mortgagor or encumbrancer on production of the public curator's memorandum of discharge of the moneys secured by the mortgage or encumbrance and on payment of all proper charges if any." * Sic in Gazette; 8e.mble "memorandum."

1945. TRUSTS AND TRUSTEES. Public Curator Acts Amendment Act. 433 21 Section 56A of the Principal Act is repealed Repeal of and the following section is inserted in lieu thereof, : ~ ~ 6~ ~ w namely:- " [56A.] Where the public curator is satisfied that Public any registered proprietor of any freehold land subject ~ u: ; ~ : a. nsfer to the provisions of *" The Real Property Acts, 1861 to real . 1942," has sold the same but has not executed a proper ~; ~~y III transfer of such land in form required by law, and that cases. such registered proprietor- (a) Is absent from Queensland; or (b) Is dead and his estate has not been administered or it appears to the public curator that his estate has been administered except in so far as relates to the execution of any such transfer or the discharge of any mortgage or encumbrance; or (c) Cannot be found; or (d) Is a corporation or company which has ceased to exist, and so far as the public curator can ascertain there is no person in Queensland authorised to execute such transfer, the public curator may, after giving such public notice of his intention so to do as he thinks proper- (i.) When the full amount of the purchase money has not been paid on tender to him of the balance of purchase money and interest, if any, and on proof to his satisfaction that the amount tendered is the whole amount due in respect of the sale of such property;' (ii.) When the full amount of purchase money has been paid, execute such transfer in proper form as aforesaid for and on behalfofsuch registered proprietor, and the instrument of transfer so executed shall have the same effect in all respects as if it had been executed by such registered proprietor.', 22. Section fifty-eight of the Principal Act is Amendment amended as follows:- ofa.58. (a) In paragraph (i.) thereof the words "no sale or purchase of land of an estimated value exceeding one thousand pounds shall be made unless by order of the court, and " are repealed. * 25 v. No. 14 and amending Acts, v. 8, p. 163 et seq.

434 TRUSTS AND TRUSTEES. Public C1trator Acts Amendment Act. 10 GEO. VI. No. 10, (b) The words "or enter into any share-farming agreement or renew any such share-farming agreement" are added to paragraph (vi.) thereof. (c) In paragraph (x.) thereof the words and brackets "(but not exceeding five hundred pounds unless by order of the court)" are repealed and the words and brackets" (but not exceeding two thousand pounds unless by order of the court or with the consent of the beneficiaries)" are inserted in lieu thereof. (d) In paragraph (xiii.) thereof the words "or corporation" are inserted after the word" person." (e) The first subparagraph of paragraph (xiv.) thereof is amended by repealing the words "or share" and inserting the words "interest or share" in lieu of such repealed words, and by inserting the words" and whether any beneficiaries so entitled are minors or not" after the word" entitled." The first proviso (being the second subparagraph) of the said paragraph (xiv.) is repealed and the following proviso is inserted in lieu thereof, namely ; - " Provided that, before any such appropriation is effectual, notice thereof shall be given to all persons sui juris who are interested in such appropriation, but the public curator may alter or amend such appropriation and/or notice within one month from the giving of notice, and any such person may within one month of the receipt of notice or of notice of amendment, where amendment is notified, apply to the court to vary same, and such appropriation shall be conclusive save as otherwise directed by the court." (f) In paragraph (xvi. ) thereof the words "an insolvent" are repealed and the word "bankrupt" is inserted in lieu thereof. (g) The words "and in case of total or partial destruction of buildings or other improvements utilise any insurance moneys received in respect thereof, together with such additional moneys of the estate as may be necessary for the restoration of any such building or improvement" are added to the first subparagraph of paragraph (xxi.) thereof; and the said paragraph (xxi.) is further amended by repealing the second

TRUSTS AND TRUSTEES. 1945. Public Curator Acts Amendment Act. subparagraph thereof and by inserting the following subparagraph in lieu of such repealed subparagraph, namely:- "Provided that where the sum to be expended exceeds two thousand pounds the consent of the Court or of the beneficiaries shall be necessary; " (h) The following paragraphs are inserted after paragraph (xxi.) thereof, namely:- "(xxii.) Grant easements and enter into party wall agreements; (xxiii.) Surrender, assign, or otherwise dispose of, with or without consideration, any onerous property ; " (i) Paragraph (xxii.) thereof is renumbered (xxiv.). (k) The following paragraphs are added thereto, namely:- "Notwithstanding anything hereinbefore in this section contained the Court may, on the application of the public curator, where real property is an asset in an estate in course of administration by the public curator, authorise the public curator to sell such real property or any part thereof, if it appears to the Court that, by . reason of- (a) The nature of the property in respect of which the application is made; or (b) The number of the beneficiaries interested or presumptively interested therein; or (c) The absence or disability of some of those beneficiaries; or (d) Any other circumstance, a sale of the property and a distribution of the proceeds would be more beneficial for the beneficiaries interested or presumptively interested therein than a division of such property between or among them. The Court may grant such authority notwithstanding the dissent of one or more of such beneficiaries interested or presumptively interested as aforesaid: Provided that it shall not be necessary for the public curator to give notice of such application to any person unless the Court otherwise directs. 435

436 TRUSTS AND TRUSTEES. Public Curator Acts Amendment Act. 10 GEO. VI. No. 10, Notwithstanding anything hereinbefore in this section contained the public curator may purchase land in Queensland for the purpose of providing and/or erecting a home for any person interested beneficially for a life estate or greater interest in the moneys used for such purchase." Repeal of 23. Section fifty-nine ofthe Principal Act is repealed 8 a . n 6 d 9 n . ew nanadmtehley: f-ollowing section is inserted in lieu thereof, Sale of land "[59.] Where the public curator is realising the : : ~ by land or goods of any estate administered by him, and such land or goods is or are situated at a distance of more than ten miles from the usual place of business of a licensed auctioneer, such land or goods may be offered for sale by auction at a time and place directed by the public curator by the person who is agent for the public curator for the district within which such place is situated, and such person for the purpose of such sale shall not require to take out an auctioneer's license." Amendment 24. Subsection two of section sixty of the Principal of s. 60 (2). Act is amended by adding to the first paragraph thereof the words " and a body corporate shall not be entitled by reason of its charter, memorandum, or articles of association or rules, or of any amendment thereto, to refuse to so register the public curator in any such representative capacity notwithstanding the provisions of *" The Oompanies Acts, 1931 to 1942" (or of any Act amending or substituted therefor), or of any other Act or law." Amendment 25. Section sixty-one of the Principal :Act is oh. 61. amended by adding thereto the following subsection, namely:- "(3.) The public curator shall be deemed to hold investments made from the common fund as the property of His Majesty and moneys paid or payable to the public curator in respect of such investments shall be deemed to be secured Crown debts and for this purpose the public curator shall be deemed to be a Crown instrumentality.', * 22 G. 5 No. 53 and a.mending Acts, v. 2, p. 10 et 8eq.

TRUSTS AND TRUSTEES. 437 1945. Public Curator Acts Amendment Act. 26. Section sixty-four of the Principal Act is Amendmen' amended as follows:- ofa.64. (a) In subsection one thereof the words" or has filed an election to administer" are inserted before the words " an estate." (b) The second and last paragraph of subsection four thereof is repealed and the following paragraph is inserted in lieu thereof, namely:- "The balance of the assets shall be applied in accordance with the law and practice with respect to the estate of a bankrupt in force at the date of death of the testator or intestate, and such date of death shall for the purpose of construing this paragraph be deemed .to be the date of sequestration." 27 Section sixty-five of the Principal Act is Amendment amended as follows :_ of s. 65. (a) In the first paragraph of subsection one thereof the words" once each week for two weeks in at least two newspapers" are repealed and the words "in a newspaper" are inserted in lieu thereof; the word " first" appearing before the word "publication" is repealed; and the word " six" is repealed and the word " three" is inserted in lieu thereof. (b) In the second paragraph (being the proviso) to subsection one thereof the word "notices" is repealed and the word " notice " is inserted in lieu thereof. (c) Subsection three thereof is repealed and the following subsection is inserted in lieu thereof, namely :- " (3.) The word "distribute" as to land means "convey and assure the land to the persons entitled thereto" or, if the land has been sold, means" distribute among such persons the proceeds of such sale," and the words "distributed" and "distribution" shall, as respects land, have correlative meanings." 28. Section 67 A of the Principal Act is amended Amendment by repealing the first paragraph thereof and by inserting of s. 67 A. the following paragraph in lieu of such repealed paragraph, namely:- " Whenever any person who claims to be a creditor against the estate of any deceased person lodges a claim which the public curator refuses to recognise, or whenever a.ny person who has been called upon by notice in writing

438 TRUSTS AND TRUSTEES. PubUc Curator Acts Amendment Act. 10 GEO. VI. No. 10, to lodge his claim as a creditor in the prescribed manner fails for a period of one month so to lodge his claim, the public curator may give notice in writing to any such person of his refusal to recognise such claim or of his non-receipt of such claim, whichever the case may be, and if such person does not within six months after the receipt of such notice institute any proceeding to .enforce such claim it shall be lawful for the public curator to distribute the assets of such deceased person without taking into consideration any such claim in respect of which notice of non-receipt has been given, or taking into consideration only that portion of a received claim which he has not given notice of refusal to recognise, and thereupon the right of such person to recover' the amount of the claim or the portion thereof in respect of which such notice was given shall be absolutely barred as against that portion of the estate that has been distributed." The said section 67 A is further amended by inserting after the word " claim" in the second and last paragraph thereof the words "or, if no claim has been received, addressed to such person at his place of abode or business last known to the public curator." Amendment 29. Section seventy of the Principal Act is amended ofs. 70. by repealing the words " fifty pounds " and by inserting the words " two hundred pounds in money or in value as estimated by the public curator" in lieu thereof, and also by inserting the words " deliver, or transfer" after the word" pay." New s. 70A 30. The following section, numbered 70A, is inserted inserted. after section seventy of the Principal Act. How share of beneficiary who is men~ y incapable maybe dealt with. "[70A.] Where the amount of the legacy, share, or interest of any beneficiary in an estate being administered by the public curator does not exceed the sum of two hundred pounds and it appears on reasonable grounds to the public curator that such beneficiary is not mentally capable of giving a good discharge for such legacy, share, or interest, and such beneficiary is not a patient in any mental hospital, the public curator without obtaining a protection order in respect of such beneficiary under the provisions of Part IliA. of this Act may, unless the court otherwise directs, retain such legacy, share, or interest and administer it for the maintenance, education, benefit, or advancement of such beneficiary."

TRUSTS AND TRUSTEES, 439 ]945. Public Cumtor Acts Amendment Act. 31. Subsection one of section seventy-three of the Amendment Principal Act is amended by repealing in paragraph (a) of 8.73 (1). thereof the word" eighty" and by inserting the words , ~ two hundred" in lieu of such repealed word. 32. Subsection three of section seventy-four of the Amendment Principal Act is amended by repealing in the first of B. 74 (3). paragraph thereof the words" or advancement" and by inserting the words "advancement or benefit" in lieu of such repealed words. 33. The following subsection, numbered five, is Amendment added to section seventy-seven of the Principal Act,ofs.77. namely:- "(5.) Where any moneys or personal chattels are payable or deliverable by the public curator to a person beneficially entitled thereto who is subject to the lunacy or insanity laws of any of the other States of the Commonwealth of Australia, or of any colony, Dominion, State, island, or place in His Majesty's dominions, the public curator may payor deliver to the official of that State, colony, Dominion, island, or place who is charged with the administration of the affairs of any such beneficiary the said moneys or personal chattels without any obligation to see to the application thereof, and the receipt of such official shall be a sufficient discharge to the public curator." 34. Section eighty-three of the Principal Act is Amendment amended as follows :- of 8. S3. (a) The words " or filed an election to administer " are inserted after the words " order to administer." (b) The words " or in respect of which he has filed an election" are inserted after the words" probate or administration. " (c) The following paragraph is added thereto : - "The public curator may retain out of the estate any commissions, charges, or expenses that could have been retained or claimed by him had there been no error in the grant of probate or administration or other basis on which the public curator has claimed to administer the estate." 3 5. Section 85D of the Principal Act is amended Amendment by adding the following paragraph thereto, namely:- OfB. S5D. "(g) To continue investments in the form in which they are at the time of the making

440 TRUSTS AND TRUSTEE,S. --.-. -------------------- Public Curator Acts Amendment Act. 10 GEO. VI. No. 10, of the protection order and to reinvest the same from time to time in similar investments." Amendment 36. Subsection one of section 85E is amended by of S. 85E. adding the following paragraph thereto, namely:- "(g) Give its opinion, advice, or direction on any matter referred to it by the public curator." Amendment 3 7. Subsection one of section eighty-seven of the of 8. 87. Principal Act is repealed and the following subsection is inserted in lieu thereof, namely :- " (1.) The public curator shall have absolute power to let, mortgage, sell, call in, convert into money~ surrender, convey and transfer, or exchange any part of such property' as he thinks fit, and to purchase property for or on behalf of such convict, and generally may do all such things and exercise all such powers and authorities in relation to such property as fully and effectually as the convict could do or exercise if he were not a convict." Amendment 38. Section ninety of the Principal Act is amended of s. 90. by repealing the word " insolvent" and by inserting the word " bankrupt" in lieu thereof. Amendment 39. Subsection three of section ninety-three of of s. 93 (3). the Principal Act is amended by repealing in paragraphs (a) and (b) thereof the words" one hundred" and by inserting in lieu of such repealed words the words " five hundred." Amendment 40. Section ninety-four of the Principal Act is of 8. 94. amended by repealing in paragraph (e) thereof the words " one hundred" and by inserting in lieu of such repealed words the words" five hundred." Amendment 41. Section one hundred and one of the Principal of s. 101. Act is amended by adding the following paragraph thereto, namely:- " If such property is not of sufficient value to provide for the payment in full of all liabilities in respect of such property, it shall be applied firstly in payment of all proper expenses of administration of such property, and the balance shall be applied in accordance with the law and practice governing the distribution of the estate of a bankrupt, and for the purposes of such application the date of the order of the court or, in the case of moneys

TRUSTS AND TRUSTEES. 441 1945. Ptlblic Curat01- Acts Amendment Act. or other property received by the public curator under section I07A of this Act, the date of such receipt shall be deemed to be the date of sequestration." 42 Section one hundred and three of the Principal Amendment Act is amended by adding the following paragraph of 8.103. thereto, namely ;- " This section shall not apply in respect of property coming to the possession of the public curator pursuant to section I07A of this Act where the value of such property is estimated to be under twenty-five pounds." 43. Section one hundred and eight of the Principal "\mendment Act is amended as follows;- ofs.108. (a) The definition" Company" therein is amended by repealing subparagraph (ii.) of the second paragraph thereof. (b) The said definition "Company" is further amended by repealing in subparagraph (v.) of the second paragraph thereof all words from and including the words "and acting as agents" to the end of the said subparagraph (v.) and by inserting in lieu of such repealed words the words "including all such persons or firms who or which act as agents or private bankers for individuals or companies; and". 44 Section one hundred and ten of the Principal Amendment Act is amended as follows ;_ of s. llO. (a) In the third paragraph of subsection one thereof the word " January" is repealed and the words "February, but the public curator may dispense with such advertisement as respects any individual amount in such register which does not exceed two pounds" are inserted in lieu thereof. (b) The words ~'or such other books, vouchers, or documents as may be necessary to enable the public curator to determine whether an entry as required in subsection one of this section has been duly made by the company" are inserted after the words" referred to " in subsection four thereof. 45. Section one hundred and thirteen of the Amendment Principal Act is amended as follows ;_ of B. ll3. (a) In the marginal note thereto the word " trustee " is repealed and the word " curator" is inserted in lieu thereof.

~ 2 TRUSTS AND TRUSTEES. Public Curator Acts Amendment Act. 10 GEO. VI. No. 10, (b) In subsection one thereof the words" or under his control in any capacity· whatsoever" are inserted after the words" in course of administration." (c) In the second and last paragraph of subsection two thereof the words "to administer with the will annexed" are repealed and the words "or election to administer or other order or document of appointment" are inserted in lieu thereof; and the said second paragraph is further amended by repealing the words "or will " and by inserting the words "election, will, or other order or document of appointment" in lieu of such repealed words. Schedule 46. The Schedule to this Act is renumbered the renumbered.. "First Schedule." New Schedule added. 4 7. The following Schedule, numbered the" Second Schedule," is added to the Principal Act, namely;- "SECOND SCHEDULE. FORM 1. "The Public Curator Acts, 1915 to 1945." CERTIFICATE OF TRANSMISSION BY DEATH UNDER SECTION 53B OF "THE PUBLIC CURATOR ACTS, 1915 TO 1945." The public curator certifies- That (name of deceased) late of (address of deceased) in the State of was at the time of l~ ~~ death and still is the registered proprietor of an estate in fee simple in all the land described in the First Schedule hereto. And that the said State of on the thousand nine hundred and died at day of intestate. in the one And that an ~ : : : on to administer the property (including the real estate) of the said deceased was in accordance with the provisions of the said Acts duly : :~ t~ to the Public Curator of Queensland i b n y the Supreme Court of Queensland at on the day of one thousand nine hundred and And that the only persons entitled to share in the distribution of the estate of the said deceased are as mentioned in the Second Schedule hereto. And that the public curator estimates that the gross value of the estate of the said deceased as at the date hereof does not exceed the sum of pounds and that the net value of such estate as· at such date does not exceed the sum of pounds. I

TRUSTS AND TRUSTEES. 1945. Public ettratOl' Act~ Amendntent Act. And that the public curator believes that the said land is not liable to any existing or outstanding claims or encumbrances either at law or in equitY' save and except such as are mentioned in the First Schedule hereto. And the public curator claims that the Public Curator of Queensland is entitled to have the said land transmitted to him for an estate in fee simple as administrator. THE FIRST SCHEDULE REFERRED '1'0. No. of deed of grant or certlft~ . ate of title. Register book. Vol. Fol. County. Parish. Town. Description of land. Area. Encum- brances. a. - r. - p. - - - 443 - _._--- rrHE SECOND SCHEDULE REFERRED 'ro. Name. Relationship to the deceased. Given under the hand and seal of the Public Curator of Queensland this day of 19 Public <.'urator. F'ORM 2. (( The Public Ctlrator Acts, 1915 to 1945." CERTIFICATE OF TRANSMISSION BY DEATH UNDER SECTION 53B OF "THE PUBLIC CURATOR ACTS, 1915 TO 1945." The public curator certifies- That (name of deceased) late of (address of deceased) in the State of was at the time of ::: death and still is the registered proprietor of an estate in fee simple in all thc land described in the Schedule hereto.

444 TRUSTS AND TRUSTEES. Public Curator Acts Amendment Act. 10 GEO. VI. No. 10, And that the said the State of on the one thousand nine hundred and died at in day of having first duly made and published hheisr last will bearing date the day of one thousand nine hundred and whereof ~ ~ e appointed executor and trustee and whereby s hhe e devised the said land to And that an eolredcetrion to administer the real and personal property of the said deceased with the said will was in accordance with th. e said Acts duly fgirleadntebdY . to the Public Curator of Queens- land I b D y the Supreme Court of Queensland at on the day of one thousand nine hundred and and an office copy of the said will is hereto annexed and marked with the letter "A." And that the public curator estimates that the gross value of the estate of the said deceased as at the date hereof does not exceed the sum of pounds and that the net value of such estate as at such date does not exceed the sum of pounds. And that the public curator believes that the said land is not liable to any existing or outstanding claims or encumbrances either at law or in equity save and except such as are mentioned in the said Schedule. And the public curator claims that the Public Curator of Queensland is entitled to have the said land transmitted to him as devisee in trust for an estate in fee simple. -or- And the public curator claims that the Public Curator of Queensland is entitled with the consent of the said to have the said land transmitted to him as administrator with the will of an estate in fee simple. -or- And the public curator claims that (name of devisee) f (names of devisees) 0 in the State of (state status in case of female) ! ~ ~ , with his her consent, as endorsed hereon, entitled to have the said land their him d. transmitted to her as dev!see (as joint tenants or tenants-in- them eVlsees common in shares) for an estate in fee simple.

TRUSTS AND TRUSTEES. -- --- - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - 1945. Public Curator Acts Amendment Act. THE SCHEDULE REFERRED TO. No. of deed of grant or certificate of tltlc. Register book. County. Parlsn. Vo!. Fo!' - - - Town. Description of land. Area. a. r. p. Encum- branOOB. 445 -------- ------- - - - - - Given under the hand and seal of the Public Curator of Queensland this day of 19 . Public curator. FORM 3. "The Public Curator Acts, 1915 to 1945." CERTIFICATE OF TRANSMISSIQN BY DEATH UNDER SECTION 53B OF "THE PUBLIC CURATOR ACTS, 1915 TO 1945." The public curator certifies- That (name of deceased) late of (address of deceased) in the State of was at the time of ~ ~ ~ death and still is the registered proprietor of an estate in fee simple in all the land described in the Schedule hereto. And that the said died at State of on the day of one thousand nine hundred and in the having first duly made and published hheisr last will bearing date the day of one thousand nine hundred and which is hereto annexed marked "A" whereby hshee deV. lsed t he Sal' d I and to as ddeeVv' ilsseeee I. nI" t llSt and that no person entitled in that behalf proposes to prove the same. And that and beneficially entitled to the said land. a.re the nl persons IS 0 Y person And that the public curator estimates that the gross value of the estate of the said deceased as at the date hereof does not exceed the sum of pounds, and that the net value of such estate as at such date does not exceed the sum of pounds.

446 TRUSTS AND TRUSTEES. Public Ourator Acts Amendment Act. 10 GEO. VI. No. "10, And that the public curator believes that the said land id noHiable to any existing or outstanding claims or encumbrances either at law or in equity save and except such as are mentioned in the said Schedule. And the public curator claims that, with the consent as endorsed hereon of the persons beneficially entitled to the said land as afore- said, the Public Curator of Queensland is entitled to have the said land transmitted to him ati trustee for an estate in fee simple. -or- And the public curator claims that the Public Curator of Queensland is entitled to have the Said land transmitted to him as devisee in trust for an estate in fee simple. -or- And the public curator claims that (name of devisee) of (names of devisees) in the State of (state status in case of female) aisr, e, with the consent of the said devisees as endorsed hereon, entitled to have the said land transmitted to h h e im r as dev~ see (as joint tenants or them deVIsees tenants-in-common in shares) for an estate in fee simple. THE SCHEDULE REFERRED TO. No. of deed Of grantor certificate of title. Register book. County. Parish. VoI. Fol. Town. Description of land. Area. a. r. p. Encum· brances. Given under the hand and seal of the Public Curator of Queensland this day of 19 . Public curator. FORM 4. "The Public Ourator Acts, 1915 to 1945." CERTIFICATE OF TRANSMISSION BY DEATH UNDER SECTION 53B OF "THE PUBLIC CURATOR ACTS, 1915 TO 1945." The public curator certifies- That (name of deceased) late of (address of deceased) in the State of was at the time of~! ~ death and still is the registered proprietor of an estate in fee sim , ple in all the land described in the Schedule hereto.

TRUSTS AND TRUSTEES, 1945, Public Curator Acts Amendment Act, And that the said State of on the one thousand nine hundred and died at in the day of having first duly made and published ~ !~ last will bearing date the day of one thousand nine hundred and whereby h s he e devised the said land to And that an eloercdtieorn to administer the real and personal property of the said deceased with the said will was in accordance with the said Acts duly fgilreadntbeYd t 0 the Public Curator of Queens- land i~ y the Supreme Court of Queensland at on the day of one thousand nine hundred and an office copy of which will is hereto annexed and marked with the letter "A." And that the public curator is satisfied that- the debts and liabilities of the said deceased due at his death the funeral expenses of the said deceased the expenses of administration of the estate of the said deceased callnot be fully satisfied without recourse to the said land, -or- And that the said devisee is under the age. of twenty-one years, having been born on the day of one thousand nine hundred and -or- And that- the Sal 'd ddeevviisseeees isare beyond the Sta t e, -or- the w hereabout S 0 f the sm' d ddeevviisseeeesisare un k n 0 wn, -or- it is not known whether the said d de e v V ~ I s s e e e es iasre alive or dead, -or- the said dev~ see is an alien, deVIsees are aliens, -or- And that the said deceased during his lifetime sold or disposed of the said land and the purchase money is w in ho p l a ly rt unpaid, 447

448 TRUSTS AND TRUSTEES. Public C11,rator Acts Amendment Act. 10 GEO. VI. No. 10, And that the public curator estimates that the gross value of the estate of the said deceased as at the date hereof does not exceed the sum of pounds, and that the net value of such estate as at such date does not exceed the sum of pounds. And that the public curator believes that the said land is not liable to any existing or outstanding claims or encumbrances either at law or in equity save and except such as are mentioned in the said Schedule. And the public curator claims that the Public Curator of Queensland is entitled to have the said land transmitted to him as trustee under section 53A of the said Acts. THE SCHEDULE REFERRED TO. No. of deed of grant or certificate of title. Register book. Vol. Fo!' County. Parish. Town. Description of land. Area. a. r. p. 1- Encum· brances. - Given under the hand and seal of the Public Curator of Queensland this day of 19 Public curator.