Effect of joint grant on application under s 6
17 Effect of joint grant on application under s 6
Where a person—
is named in a will, whether made before or after the commencement of this Act, as the only trustee of the lands of the testator in Queensland subject to the trusts of the will; and
pursuant to section 6, joins with a trustee company in an application for—
a joint grant of probate to himself or herself and letters of administration with the will annexed to the trustee company; or
a grant of letters of administration with the will annexed to himself or herself and the trustee company jointly;
a joint grant on such an application of—
probate to the person and letters of administration with the will annexed to the trustee company; or
letters of administration with the will annexed to the person and the trustee company;
as the case may be, has, for all purposes (including the right to be registered under the Land Title Act 1994 as personal representative), the force and effect of a vesting order made by the Court vesting the lands in respect of which the person joining with the trustee company in the application is named in the will as the only trustee, in that person and the trustee company as trustees on the trusts of the will for all the right, title and interest therein of the testator.
Where a person—
is named in a will, whether made before or after the commencement of this Act, as a trustee jointly with any other person or persons of lands of the testator in Queensland subject to the trusts of the will; and
pursuant to section 6, joins with a trustee company in an application for—
a joint grant of probate to himself or herself and letters of administration with the will annexed to the trustee company; or
a grant of letters of administration with the will annexed to himself or herself and the trustee company jointly;
a joint grant on such an application of—
probate to the person and letters of administration with the will annexed to the trustee company; or
letters of administration with the will annexed to the person and the trustee company;
as the case may be, has, for all purposes (including the right to be registered under the Land Title Act 1994 as personal representative), the force and effect of a vesting order made by the Court vesting the lands in respect of which the person joining with the trustee company in the application is named in the will as a trustee, in that person, the trustee company and the other person or persons so named in the will or such of them as are living at the date of the grant and have not disclaimed the trust before that date, as trustees on the trusts of the will for all the right, title and interest therein of the testator.
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