Real Property Acts Amendment Act 1981 (Qld)

544 Ci u rens lant ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 67 of 1981 An Act to amend the Real Property Act 1861 -1981 and the Real Property Act 1877-1979 each in certain particulars [ASSENTED TO 14TH SEPTEMBER, 1981]

Real Property Acts Amendment Act 1981, No. 67 545 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Real Property Acts Amendment Act 1981. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided in subsection (1), this Act shall commence on a day to be fixed by Proclamation. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY; PART II-AMENDMENT OF THE REAL PROPERTY ACT 1861-1981; PART III-AMENDMENT OF THE REAL PROPERTY ACT 1877-1979. PART II-AMENDMENT OF THE REAL PROPERTY ACT 1861-1981 4. Citation . (1) In this Part, the Real Property Act 1861-1981, being the Real Property Act 1861-1980 as amended by the Real PropertyAct Amendment Act1981, is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1861-1981. 5. Repeal of s. 88. Transmission will and probate or letters of administration to be produced . Particulars to be registered . The Principal Act is amended by repealing section 88. 6. Amendment of s. 119. When new certificates of title to issue in respect of subdivisions of land . Section 119 of the Principal Act is amended by, in subsection (4), omitting the words " into ten or more subdivisions ". 7. New s. 135. The Principal Act is amended by inserting after section 134 the following section:- " 135. Assurance fund not liable in case of breach of trust. The assurance fund shall not under any circumstances be liable for compensation for any loss, damage or deprivation occasioned by the breach by a registered proprietor of any trust whether express. implied or constructive."

546 Real Property Acts Amendment Act 1981, No. 67 PART III-AMENDMENT OF THE REAL PROPERTY ACT 1877-1979 8. Citation . (1) In this Part, the Real Property Act 1877-1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1877-198 1. 9. Repeal of and new s. 32 . The Principal Act is amended by repealing section 32 and substituting the following section:- " 32. Application by personal representative , etc., to be registered as proprietor upon death of registered proprietor . (1) Upon the death of a registered proprietor of any estate or interest in land, the personal representative of such deceased proprietor may make application in the prescribed form to the Registrar of Titles to be registered as proprietor as such personal representative of all or part of the estate or interest of that deceased proprietor and shall deposit with him the grant of probate or grant of administration or other authority of the Supreme Court in the estate of such deceased proprietor or an office copy thereof, and such application shall state the estate or interest in such land claimed by him and the nature of every estate or interest held by other persons at law or in equity in such land within the applicant's knowledge. (2) Notwithstanding the provisions of subsection (1) and notwithstanding the provisions of any other Act- (a) where a grant of,probate or a grant of administration or other authority of the Supreme Court has not been obtained in relation to the estate in Queensland of a deceased proprietor, the Registrar of Titles, on application made to him in the prescribed form by such one or more of the persons as the Master of Titles may determine would have been entitled upon a grant of probate or grant of administration or other authority of the Supreme Court to be entered up as the personal representative or personal representatives of the deceased proprietor, may, if satisfied that no administration of the estate of the deceased proprietor has been granted in Queensland, cause transmission to be entered up in the Register Book in favour of such applicant or applicants as personal representative or personal representatives of the deceased proprietor in respect of the estate or interest of the deceased proprietor, and thereupon such person or persons shall have all the rights, powers and liabilities in respect of the land as if probate or administration had been granted to him or them, provided however that, in the case of the death intestate of a registered proprietor- (i) no such application shall be permitted under the provisions of this subsection where the gross estate in Queensland of such registered proprietor exceeds 550 000 at the date of his death; (ii) the Registrar shall not cause transmission to be entered up as aforesaid unless satisfied that no administration of his estate has been granted in Queensland within six months after his death ;

Real Property Acts Amendment Act 1981, No. 67 547 (b) with the written consent of the person who has obtained probate or a grant of administration with the will or other authority of the Supreme Court in the estate of a deceased proprietor or of the person or persons who is or are entitled to make an application under the provisions of paragraph (a), a person claiming to be beneficially entitled to the land by virtue of a devise to that person contained in the will of a deceased proprietor may make application in the prescribed form to the Registrar to be entered as devisee of such land or estate therein, and the Registrar may, if satisfied that such entitlement has been proved to his satisfaction and that of the Master of Titles, cause transmission to be entered up in the Register Book in favour of such applicant as devisee of such estate or interest. (3) An application under this section shall be supported by such evidence and verified by such oath or statutory declaration of the applicant and other person or persons as the Registrar may require, and the applicant shall surrender the existing grant or certificate or other instrument of title of the land in respect of which he claims to be registered prior to his being entered in the Register Book as hereinbefore mentioned unless the production of such grant, certificate or other instrument of title be duly dispensed with. (4) Where pursuant to an application under paragraph (b) of subsection (2) a person is registered as proprietor with the consent of another person, the person who has given consent shall, for the purposes of section 135 of the Real Property Act 1861-1981, be deemed to have become immediately before registration of the applicant as proprietor himself registered as proprietor of the land specified in the application and to have transferred the land to the applicant. (5) A personal representative registered as proprietor pursuant to this section shall hold the estate or interest in respect of which he is registered in trust for the persons for whom and the purposes for which that estate or interest is applicable by law and deal with such estate or interest as trustee accordingly, but for the purposes of any dealing therewith he shall be deemed to be the absolute proprietor thereof. (6) Notwithstanding anything to the contrary contained in this section, in any case where the Court in the exercise of its powers, authorities and jurisdiction shall grant probate or administration in respect of the estate of any such deceased proprietor subsequent to the entry in the Register Book of such transmission of his estate and interest in the land concerned in favour of a personal representative or personal representatives, all things done by and all payments bona fide made by and to the person or persons in whose favour such transmission has been entered up, up to the date of such grant, which if made by and to a person to whom a grant of probate or administration had been made would have been lawfully done and made, shall be and be deemed to have been' lawfully done; and, on the grant of such probate or administration, the person or persons in whose favour such transmission as personal representative or personal representatives has been entered

548 Real Property Acts Amendment Act 1981, Mo. 67 shall take all necessary steps and perform all necessary acts to hand over to and account to the grantee for any property in his or their hands at the date of such grant and to render an account of all property passing through his or their hands from the entry up of transmission to the date of such grant. (7) The Governor in Council may by regulation prescribe forms of application for the purposes of this section.". 10. Repeal of s. 32A. Section 32A of the Principal Act is repealed. 11. Amendment of s. 33. Provisions of Principal Act as to bringing land under it to apply to applications for transmission . Section 33 of the Principal Act is amended by omitting the words " sections thirty-two and 32A " and substituting the expression " section 32 ".