Report 124 (2009) - Uniform Succession Laws: Administration of estates of deceased persons
Schedule 1. Priority of persons to letters of administration with the will annexed
Updates and background for this project (Digest)
section 321(2)
1 a trustee of the residuary estate
2 a beneficiary entitled to any part of the residuary estate, including a person entitled to all or part of the residuary estate by full or partial intestacy
3 a beneficiary of a specific or pecuniary legacy
4 anyone else the Supreme Court may appoint, including a creditor of the deceased person’s estate
S1.1 This schedule sets out the order of priority that the Court must apply in granting letters of administration with the will annexed, as referred to in cl 321(2).
S1.2 It is a simplified version of the priority set out in r 603(1) of the Uniform Civil Procedure Rules 1999 (Qld). The second category covers four types of residuary beneficiary identified in the Queensland rules, namely, a life tenant of any part of the residuary estate; a remainderman of any part of the residuary estate; another residuary beneficiary; and a person otherwise entitled to all or part of the residuary estate, by full or partial intestacy.1 This list omits reference to a “person who has acquired the entire beneficial interest under the will”2 as being too rare a circumstances to warrant specific mention.3 The fourth category has been drafted for consistency with the drafting of the order of priority for letters of administration on intestacy in schedule 2.4
FOOTNOTES
1. Uniform Civil Procedure Rules 1999 (Qld) r 603(1)(b)-(e).
2. Uniform Civil Procedure Rules 1999 (Qld) r 603(1)(g).
3. Queensland Law Reform Commission, Administration of Estates of Deceased Persons: Report of the National Committee for Uniform Succession Laws to the Standing Committee of Attorneys General, Report 65 (2009) (“QLRC, Report 65”) [5.67].
4. QLRC, Report 65 [5.68]. |
