Queensland Consolidated Acts

TRUSTEE COMPANIES ACT 1968 - SECT 6

(1) In all cases in which a private individual may apply for and obtain—

(a) probate of the will without reserving leave to any other person to apply for probate; or

(b) letters of administration with the will annexed of the estate;

of a deceased person, that individual may—

(c) join with a trustee company in an application for—

(i) in a case where the individual may apply for and obtain probate—a joint grant of probate to himself or herself and letters of administration with the will annexed to the trustee company; or

(ii) a grant of letters of administration with the will annexed to himself or herself and the trustee company jointly; or

(d) instead of himself or herself applying, authorise a trustee company to apply for and obtain letters of administration with the will annexed unless the testator by will has expressed the desire that the office of executor should not be delegated or that the trustee company should not act in the trusts of the will.

(2) Where—

(a) a person joins with a trustee company in an application pursuant to subsection (1); or

(b) a trustee company makes an application that it has, pursuant to that subsection been authorised to make;

the Court may make a joint grant of probate and letters of administration with the will annexed or a grant of letters of administration with the will annexed, as the case may be, in accordance with the application.

(3) This section applies to wills whether made before or after the commencement of this Act.