PROBATE AND ADMINISTRATION ACT 1898 - SCHEDULE 5
PROBATE AND ADMINISTRATION ACT 1898 - SCHEDULE 5
SCHEDULE 5 – Savings and transitional provisions arising from amendments to this Act
Part 1A - Provisions consequent on enactment of Wills, Probate and Administration (De Facto Relationships) Amendment Act 1984
1A Persons dying wholly or partially intestate before commencement of De Facto Relationships Act 1984
(1) The amendments made to this Act by the Wills, Probate and Administration (De Facto Relationships) Amendment Act 1984 do not apply to or in respect of the estate of a person who died wholly or partially intestate before 1 July 1985 (the day appointed and notified under section 2 (2) of the De Facto Relationships Act 1984 ), and any such estate is to be distributed in accordance with the enactments and rules of law in force at the date of death of that person.
(2) This clause is taken to have commenced on 1 July 1985.
(3) Subclause (1) re-enacts (with minor modification) section 4 of the Wills, Probate and Administration (De Facto Relationships) Amendment Act 1984 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
Part 1 - Provisions consequent on enactment of Wills, Probate and Administration (Amendment) Act 1989
1 Definition
In this Part--
"the 1989 Act" means the Wills, Probate and Administration (Amendment) Act
1989 .
2 Application of amendments--generally
(1) An amendment to this Act made by the 1989 Act applies in relation to a will (whenever made) if the maker of the will dies after the commencement of the amendment to this Act, except in so far as another clause of this Part applies.
(2) In this clause, a reference to a will includes a reference to a document (whenever made) which is held by the Court under section 18A to constitute a will.
3 Wills of minors
(1) The law in force immediately before the commencement of the Minors (Property and Contracts) Act 1970 relating to testamentary capacity continues to apply to a will of a minor made before that commencement.
(2) Section 6, as in force immediately before the commencement of Schedule 1 (2) to the 1989 Act, continues to apply to a will of a minor made after the commencement of the Minors (Property and Contracts) Act 1970 and before the commencement of Schedule 1 (2).
(3) This clause has effect subject to clause 4.
4 Privileged testators
(1) Where a will was made by a person as a privileged testator before section 10 was omitted by Schedule 1 (4) to the 1989 Act, then--(a) if the testator died before the commencement of that item--the omission does not affect the continued validity of the will, or(b) if the testator dies after that commencement--the omission invalidates the will to the extent that its validity depended on the testator's status as a privileged testator at the relevant time.
(2) Where a will was made by a person as a privileged testator before section 13 (2) was omitted by Schedule 1 (6) to the 1989 Act, then--(a) if the testator died before the commencement of that item--the omission does not affect the continued validity of a gift in the will, or(b) if the testator dies after that commencement--the omission invalidates a gift in the will to the extent that the validity of the gift depended on the testator's status as a privileged testator at the relevant time.
(3) The omission of sections 17 (3) (c), 18 (2) and 19 (2) by amendments made by the 1989 Act does not affect the continued validity of--(a) the revocation of a will, or(b) the obliteration, interlineation or alteration of a will, or(c) the revival of a will,effected before the commencement of the relevant amendment by a person as a privileged testator, whether or not the person died before or dies after the commencement of the amendment.
(4) References in this clause to a privileged testator extend to a person to whom section 10 applied before its substitution by the Minors (Property and Contracts) Act 1970 .
5 Effect of termination of marriage
Section 15A applies in relation to a will (whenever made) if the termination of the marriage (within the meaning of that section) of the testator occurs after the commencement of that section.
6 Power of the Court to rectify wills
(1) Section 29A applies in relation to a will (whenever made) if the will is not admitted to probate or letters of administration with the will annexed are not granted before the commencement of that section.
(2) Nothing in this clause affects the period determined in accordance with section 29A within which an application for an order under that section may be made.
7 Gifts to interested witnesses
Section 13, as in force immediately before the commencement of Schedule 1 (6) to the 1989 Act, continues to apply in relation to a will made before that commencement if the maker of the will dies before that commencement.
Part 2 - Provisions consequent on enactment of Succession Amendment (Family Provision) Act 2008
8 Distribution of assets after notice given by executor or administrator
Section 92 (1), as in force immediately before the commencement of Schedule 2.9 [4[#93] to the Succession Amendment (Family Provision) Act 2008 , continues to apply to and in respect of the estate of testator or intestate who died before that commencement.
Part 3 - Provision consequent on enactment of Succession Amendment (Intestacy) Act 2009
9 Persons dying wholly or partially intestate before commencement of Succession Amendment (Intestacy) Act 2009
The amendments made to this Act by the Succession Amendment (Intestacy) Act 2009 do not apply to or in respect of the estate of a person who died wholly or partially intestate before the commencement of those amendments, and any such estate is to be distributed in accordance with the enactments and rules of law in force at the date of death of that person.
Part 4 - Provision consequent on enactment of Trustee Companies Amendment Act 2009
10 Trustee companies
Any act, matter or thing done by a trustee company that had effect under this Act as in force immediately before its amendment by the Trustee Companies Amendment Act 2009 is taken to have effect under this Act as amended.