Meaning of person with a proper interest
601RAD Meaning of person with a proper interest
A person with a proper interest, in relation to an estate, includes (but is not limited to) the following:
ASIC;
in relation to a charitable trust:
the settlor, or one of the settlors, of the trust; or
a person who, under the terms of the trust, has power to appoint or remove a trustee of the trust or to vary (or cause to be varied) any of the terms of the trust; or
a Minister of a State or Territory who has responsibilities relating to charitable trusts; or
a person who is named in the instrument establishing the trust as a person who may receive payments on behalf of the trust; or
a person who is named in the instrument establishing the trust as a person who must, or may, be consulted by the trustee or trustees before distributing or applying money or other property for the purposes of the trust; or
a person of a class that the trust is intended to benefit;
in the case of the estate of a deceased person:
if the person died testate—a beneficiary under the person’s will; or
if the person died intestate—a person who, under a law of a State or Territory, has, or is entitled to, an interest in the deceased’s estate;
in the case of any other trust:
the settlor, or one of the settlors, of the trust; or
a person who, under the terms of the trust, has power to appoint or remove a trustee of the trust or to vary (or cause to be varied) any of the terms of the trust; or
a beneficiary of the trust;
in relation to an application to a court relating to the estate—a person that the court considers, in the circumstances of the case, has a proper interest in the estate;
a person prescribed by the regulations as having a proper interest in the estate;
if a person covered by any of the above paragraphs is under a legal disability—an agent of the person.
None of the paragraphs or subparagraphs of subsection (1) limits, or is limited by, any of the other paragraphs or subparagraphs of that subsection.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Corporations Regulations 2001 · under s 1364
84 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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