Queensland Consolidated Acts

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SUPREME COURT ACT 1995 - SECT 21

21 Where no action brought within 6 months by executor, then action may be brought by persons beneficially interested

(1) If it happens in any case intended and provided for by sections 17 to 20 that there is no personal representative of such deceased person, or if, although there is such personal representative, no such action is brought by and in the name of the personal representative within 6 months after the death of such deceased person, then such action may be brought by and in the name or names of all or any of the persons (if more than 1) for whose benefit such action would have been, if it had been brought by and in the name of the personal representative.

(2) Every such action so brought shall be for the benefit of the same person or persons, and shall be subject to the same rules and procedure, as nearly as may be, as if it were brought by and in the name of the personal representative.

(3) In this section—

personal representative means the executor or administrator of the deceased person.



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