Trustees and Executors Acts Amendment Act of 1964 (Qld)

382 Queenslanh ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 42 of 1964 An Act to Amend the Enactments relating to Trustees and Executors , and for other purposes [ASSENTED TO 12TH Nov1 :MBER, 1964] 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; 1. (1) Short title . This Act may be cited as " The Trustees and Executors Acts Amendment Act of 1964 " and shall be read as one with " The Trustees and Executors Acts, 1897 to 1906," " The Trustees and Executors Act Amendment Act of 1915," " The Trustees and Executors Acts Amendment Act° of 1924," and " The Trustees and Executors Acts Amendment Act of 1961." (2) Collective title , This Act and those Acts may be collectively cited as " The Trustees and Executors Acts, 1897 to 1964." 2. Amendment of s. 4 . Section four of " The Trustees and Executors Act of 1897," is amended by inserting after paragraph (.j) the following paragraph:- (k) In any other manner from time to time approved by the Governor in Council by Order in Council published in the Gazette;". 3. Repeal of and new s. 12. Section twelve of " The Trustees and Executors Act of 1897 " is repealed and the following section is inserted in its stead: " [12.] Devolution of trust and mortgage estates on death. (1) An estate or interest of inheritance in any hereditaments corporeal or incorporeal vested solely in any person on any trust or by way of mortgage shall on his death, notwithstanding any testamentary disposition by such person, devolve to and become vested in the Public Curator.

Trustees and Executors Acts Amendment Act of 1964, No. 42 383 The Public Curator, in his discretion, may renounce his right and title to the said estate or interest in favour of the personal representative of such deceased person, in which event the said estate or interest shall vest in that personal representative on and from the date of renunciation. (2) In respect of an estate or interest vested in him pursuant to subsection (1) of this section, the Public Curator or, as the case may be, such personal representative, shall have all the rights, powers, authorities and discretions, in relation to the trust or mortgage concerned as if he had originally been appointed the sole trustee of that estate or interest or had originally been the sole mortgagee of that estate or interest: Provided that it shall not be obligatory on the Public Curator or, as the case may be, such personal representative to exercise all or any of such rights, powers , authorities and discretions. (3) In respect of any estate or interest mentioned in section twelve of " The Trustees and Executors Act of 1897," which devolved to and became vested in the Public Curator prior to the enactment of this section, the Public Curator has, and it is hereby declared always had, all such rights, powers, authorities and discretions as would be, or would have been, had by him if this section had been enacted prior to the devolution and vesting in him of such estate or interest. (4) In this section, the term " the Public Curator," means The Public Curator of Queensland constituted by " The Public Curator Acts, 1915 to 1957 "."