Trustee Companies Act 1968

Where a grant of administration (the original grant) has been made in Queensland in respect of the estate of any deceased person (the original estate) and the persons to whom the original grant or any substituted grant of administration was made have died, whether before or after the commencement of this Act, leaving part of the original estate unadministered, and the gross value of the property situated in Queensland so left unadministered, as estimated by the trustee company at the time of the election hereinafter mentioned, does not exceed the sum of $100,000, and no person has since the death of the last administrator taken out letters of administration de bonis non in Queensland in respect of the original estate, the trustee company may, in accordance with this section, instead of applying for letters of administration de bonis non in Queensland, file in the registry of the Court out of which the original grant was issued an election in writing under the seal of the company setting forth the fact of the original grant, the death of the executors or other administrators, and the particulars of the property situated in Queensland so left unadministered, and electing to administer the part of the original estate so left unadministered.

On the election being filed, the trustee company shall be deemed to be administrator of the original estate left unadministered in like manner and to the same extent in all respects as if letters of administration de bonis non had been duly granted to it.

No such election may be filed under this section unless there is endorsed thereon a certificate by a solicitor (whether in the employment of the trustee company or not) that the solicitor is satisfied that the Court would, on application duly made, grant to the trustee company letters of administration de bonis non in respect of the part of the original estate so left unadministered.

If after the filing of any such election the gross value of the property situated in Queensland to be administered by the trustee company is found to exceed the sum of $120,000, the trustee company shall, as soon as practicable thereafter, file in the said registry of the Court a memorandum under the seal of the trustee company stating the fact, and shall thereupon proceed in the ordinary manner to obtain in Queensland letters of administration de bonis non (either with or without the will annexed, as the case may be) in respect of the said estate, and for that purpose may uplift from the Court any will or exemplification filed with the election.

Notice of an election under this section shall be advertised once in the gazette in a form approved by the person who for the time being holds the office of the registrar.