Housing Regulation 2015

A person may ask the chief executive to register—

the death of a purchaser under a section contract; and

the person as the purchaser’s personal representative.

After receiving a written request to register the person as the purchaser’s personal representative, the chief executive may register the person as the purchaser’s personal representative.

However, the chief executive may register the person as the purchaser’s personal representative only if—

if the person has obtained a grant of representation—the person gives the grant, or an office copy of the grant issued by the Supreme Court, to the chief executive; or

if paragraph (a) does not apply and the purchaser died without a will—

letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; and

the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death is not more than $150,000; and

the chief executive believes the person has a right to obtain a grant of representation; or

if paragraph (a) does not apply and the purchaser died with a will—the chief executive believes the person has a right to obtain a grant of representation.

A person registered as a personal representative without a grant of representation has the same interest in a section contract as if the person had a grant of representation.

The validity of an act done, or payment made, in good faith under a section contract by a person registered as personal representative is not affected by a later grant of representation.

If the person (the grantee) who obtains a grant of representation is different from the person registered as personal representative, the registered person must—

account to the grantee for an interest in a section contract that the person controlled before the grant was made; and

take all action necessary to vest the interest in the contract that remains under the person’s control in the grantee.

In a section contract, a reference to a purchaser includes a reference to the purchaser’s personal representative, to the extent there is no contrary intention in the section contract.