Northern Territory Consolidated Acts

ADMINISTRATION AND PROBATE ACT

TABLE OF PROVISIONS

           Long Title

           Part I Preliminary
   1.      Short title
   2.      Commencement
   6.      Interpretation
           Part III Grant of representation
           Division 1 Jurisdiction of the Court
   14.     Probate or administration may be granted
   15.     Evidence of death
   16.     Grant on presumption of death
   17.     When probate may be issued by Registrar
   18.     Sealing of probate and letters of administration
   19.     Grant to one executor reserving leave to others to apply
   20.     Court may grant probate to Public Trustee named as executor
   21.     Practice as to granting administration of real and personal estate
   22.     To whom administration may be granted
   23.     Administration bond to be given
   26.     Probate or administration may be revoked or further bond required
   27.     Application by surety for relief
   28.     Renunciation or non-appearance by executor
   29.     Renunciation, &c., by person appointed both executor and trustee of will
   30.     Administration to guardian of infant sole executor
   31.     Administration to be granted to attorney in certain cases
   32.     Administration pendente lite and receiver
   33.     Power as to appointment of administrator
   34.     Proceeding where executor neglects to prove will
   35.     Issue of special letters of administration
   36.     Special administrator to make certain affidavits
   37.     On return of original executor or administrator special administration to be rescinded
   38.     Accounting by special administrator
   39.     Liability of executor or administrator neglecting to apply for rescission of special administration
   40.     Revocation of grants not to prejudice actions or suits
   41.     Discharge or removal of executor or administrator
   42.     Revocation of grant of person living at the date of the grant
   43.     Effect of revocation of grant
           Division 2 Caveats
   44.     Caveat may be lodged
           Division 3 Effect of grant of representation
   49.     Estate vests in Public Trustee on person's death
   50.     Public Trustee may act before property vests in executor or administrator
   51.     Public Trustee to give notice of intention to act
   52.     Real and personal estate to vest in executor or administrator
   53.     Real estate held in trust
   54.     Property of deceased person to be assets
   55.     Property of deceased person liable for debts
   56.     Appointments by will under general power
   57.     Administration of assets
   58.     Application of income of settled residuary estate
   59.     Real estate to be held upon trusts of will
   60.     Rights of executor as to real estate
           Division 4 Distribution of intestacy
   61.     Interpretation
   62.     Executor, &c., to hold property on trust, &c.
   63.     Provisions relating to persons who at the date of death of the interstate are infants
   64.     Presumption of survivorship not to apply
   65.     Estate by courtesy or right of dower not to arise
   66.     Distribution of intestate estate on intestacy
   67.     Right of spouse or de facto partner to personal chattels
   67A.    Intestate Aboriginals survived by more than one spouse
   68.     Manner of distribution to issue
   69.     Manner of distribution to next of kin
   70.     Partial intestacies
           Division 4A Intestate Aboriginals
   71.     Application
   71A.    Intestate estate not to include debts, &c.
   71B.    Applications for orders for distribution
   71C.    Time for making applications
   71D.    Service of applications
   71E.    Distribution order
   71F.    Property in respect of which distribution order may be made
           Division 5 Matrimonial home (including home of de facto partner)
   72.     Definitions
   73.     Right of spouse or de facto partner to have matrimonial home appropriated
   74.     Interest in home to be valued
   75.     Right not exercisable in case of certain tenancies
   76.     Right not exercisable in certain other cases
   77.     Personal representative not to sell or dispose of interest without consent
   78.     Rule that trustee not to purchase trust property
   79.     Surviving spouse or de facto partner under a legal disability
           Division 6 Rights, powers, duties and liabilities of executors and administrators
   80.     Powers of executors and administrators as to sale, mortgage, or lease of real estate
   81.     Powers of executors and administrators as to appropriation
   82.     Court may make special order
   83.     Court may authorize postponement of realization and carrying on of business
   84.     Court may order partition in a summary way
   85.     Personal representative not required to continue to act against own consent
   87.     All debts to stand in equal degree
   88.     Summary application for legacy, &c.
   89.     Executor or administrator to pass certain accounts
   90.     Passing and allowance of the accounts of executors and administrators
   91.     Punishment for accounts not exhibited
   92.     Proceedings under section 91 not to prejudice proceedings on bond
   93.     Court may make order as to disposal of moneys in hands of executor, &c.
   94.     Payments under revoked probates or administrations valid
   95.     Persons, &c., making payments upon probate granted for estate of deceased person to be indemnified
   96.     Distribution of assets, &c.
   97.     Claim barred against executor or administrator in certain cases
   98.     Distribution of estate by executors and administrators
   99.     Right to follow assets
   101.    Every executor, &c., to be deemed resident in the Territory
           Division 7 Commission
   102.    Executors, &c., may be allowed commission
           Division 8 Additional powers etc. of professional personal representatives
   103.    Inquiries as to validity of claim
   104.    Rejection of small claim
   105.    Requirement for life tenant to give undertaking
   105A.   Obtaining information about deceased person's property etc.
           Part IV Small estates
           Division 1 Applications for representation
   106.    Application to Registrar
   107.    Duties of Registrar
   108.    Registrar to issue probate or administration in the name of the Court
   109.    Matters as to which Registrar not satisfied
   110.    Obligation of Registrar
           Division 2 Representation by professional personal representatives
   110A.   Administration of small estate without representation or election
   110B.   Election to administer small estate
   110C.   Election in respect of part administered estate
   110D.   Fee chargeable for acting under this Division
           Part V Recognition of foreign grants
   111.    Reseal of grant made in certain countries
   112.    Caveat
   113.    Seal not to be affixed till duty is paid, &c.
   114.    Inclusion of orders to collect and scotch confirmation
           Part VII Procedure
   147.    Order to produce an instrument purporting to be testamentary
           Part VIII Miscellaneous
   148.    Registrar to keep record of probates, &c.
   149.    Proved wills and other documents to be held by Registrar
   150.    Office copies
   152.    Person fraudulently disposing of will liable for damages
   152A.   Regulations
           Part IX Transitional matters for Justice Portfolio (Miscellaneous Amendments) Act 2005
   153.    Section 104: rejection of claims in excess of prescribed amount
           Schedule 4
           Schedule 6 Distribution of intestate estate upon intestacy
           ENDNOTES