• Specific Year
    Any

ADMINISTRATION AND PROBATE ACT 1919 - SECT 121A

ADMINISTRATION AND PROBATE ACT 1919 - SECT 121A

121A—Statement of assets and liabilities to be provided with application for probate or administration

        (1)         A person who applies—

            (a)         for probate or administration; or

            (b)         for the sealing of any probate or administration granted by a foreign court,

in respect of the estate of a deceased person shall, in accordance with the rules, disclose to the Court the assets and liabilities of the deceased person known to him at the time of making the application.

        (2)         An executor, administrator or trustee of the estate of a deceased person (being an estate in respect of which probate or administration has been granted or sealed by the Court) shall, in accordance with the rules, disclose to the Court any assets or liabilities of the deceased person (not being assets or liabilities previously disclosed under this section) which come to his knowledge while acting in that capacity.

        (2a)         Where the deceased person was not, at the time of death, domiciled in Australia, the disclosure under subsection (1) or (2) is only required in respect of—

            (a)         assets situated in Australia; and

            (b)         liabilities that are a charge on those assets or arose in Australia.

        (3)         An executor, administrator or trustee of an estate shall not dispose of an asset of the estate in respect of which disclosure has not been made to the Court pursuant to this section.

        (4)         Nothing in subsection (3) affects the interests of a person who acquires an asset of an estate in good faith for valuable consideration and without knowing that the asset has not been disclosed to the Court pursuant to this section.

        (5)         An executor, administrator or trustee who contravenes or fails to comply with a provision of this section is guilty of a summary offence and liable to a penalty not exceeding two thousand dollars.

        (6)         This section does not apply in respect of an estate of a deceased person who died before the commencement of this section.

        (7)         A reference in this section to the assets and liabilities of a deceased person is a reference to—

            (a)         assets and liabilities of the deceased at the date of his death; and

            (b)         assets falling into the estate after the death of the deceased not being an accretion to the estate arising out of an asset existing at the date of his death,

but does not include a reference to any asset or liability prescribed by the rules.

        (7a)         For the purposes of subsection (2a), if—

            (a)         it is uncertain whether an asset is situated, or a liability arose, in Australia or elsewhere; or

            (b)         an asset is situated, or a liability arose, in part in Australia and in part elsewhere,

the asset will be taken to be situated, or the liability will be taken to have arisen in Australia.

        (8)         In this section—

"administration" includes an order under section 9 of the Public Trustee Act 1995 authorising the Public Trustee to administer the estate of a deceased person.