Victorian Consolidated Legislation

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ADMINISTRATION AND PROBATE ACT 1958 

No. 6191 of 1958
Version incorporating amendments as at 17 December 2008

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repealed
   3.      Definitions
   4.      Application of Act

   PART I-GENERAL

           Division 1-Interpretation

   5.      Definitions

           Division 1A-Deposit of wills with registrar

   5A.     Will may be deposited with registrar
   5B.     Power to prescribe fees
   5C.     Delivery of wills by registrar

           Division 2-Grants of probate and administration

   6.      Jurisdiction of Court to grant probate etc.
   7.      Grant of probate etc. on evidence or presumption of death
   8.      Grant on presumption of death
   9.      Revocation of probate etc. of person living at date of grant
   10.     Effect of revocation
   11.     Repealed
   12.     Grants of probate and administration by registrar

           Division 3-Devolution of real estate etc.

   13.     Real estate to vest in executors and administrators
   14.     Rights and duties of executor or administrator with respect to
           real estate

           Division 4-Executors and administrators
           Subdivision 1-General provisions

   15.     Executor etc. neglects to prove, renounce or bring in the will
   16.     Cesser of right of executor to prove
   17.     Executor of executor represents original testator
   18.     Right of proving executors to exercise powers
   19.     Estate of intestate to vest in State Trustees between death and grant of administration
   20.     Power to grant representation of estate separately or together
   21.     Executor not to act while administration is in force
   22.     Administration pending litigation
   23.     Continuance of legal proceedings after revocation of
           temporary administration
   24.     Grant of administration where personal representative is
           abroad
   24A.    Uncared for property
   25.     Administration with will annexed
   26.     Administration during minority of executor
   27.     Rights and liabilities of administrator
           Subdivision 2-Duties rights and obligations
   28.     Duty of personal representative as to inventory and accounts
   29.     Effect of death on certain causes of action
   30.     Executors or administrators may serve notice on claimant
   30A.    State Trustees' power to make distribution after notice of
           refusal
   30B.    Repealed
   30C.    State Trustees' power to pay balance if deceased had property
           in and outside Victoria
   30D.    Supreme Court-limitation of jurisdiction
   30E.    Transitional for certain State Trustees powers
   31.     Protection of persons acting on probate or administration
   32.     Payment or transfer by employer of moneys etc. held on
           account of deceased employee
   33.     Liability of person fraudulently obtaining or retaining estate
           of deceased
           Subdivision 3-Discharge and removal of executors and
           administrators and new appointments
   34.     Discharge or removal of executor or administrator
   34A.    Application for administration of estate administered by a creditor
   35.     Court may assign bond and remove administrator

           Division 5-Administration of assets

   36.     Creditors to stand in equal degree
   37.     Estate of deceased assets for payment of debts
   37A.    Partner may obtain intestate's interest in shared home
   38.     Trust for sale on intestacy
   39.     Administration of assets
   40.     Charges on property of deceased to be paid primarily out of
           the property charged
   41.     Effect of assent or conveyance by personal representative
   42.     Validity of conveyance not affected by revocation of representation
   43.     Right to follow property etc.
   44.     Powers of management
   45.     Powers of personal representative for raising money etc.
   46.     Powers of personal representative as to appropriation
   47.     Power to appoint trustees of minor's property
   48.     Obligations of personal representative to give possession
   49.     Power to postpone distribution

           Division 6-Distribution of intestate's residuary estate

   50.     Date of Valuation
   51.     Distribution if intestate leaves a partner
   51A.    Distribution if more than one partner
   52.     Distribution on intestacy
   53.     Application to cases of partial intestacy
   54.     Payment of distributive shares of infant children
   55.     If no next of kin etc. Crown to take
   56.     Reference to Statutes of Distributions

           Division 7-Practice procedure offences etc.
           Subdivision 1-Administration bonds

   57.     Administration guarantees
           Subdivision 2-Caveats
   58.     Caveat may be lodged?
           59-64. Repealed
           Subdivision 3-Commission to executors administrators and
           trustees of deceased persons
   65.     Executors' etc. commission
           Subdivision 4-Concealment of wills
   66.     Concealment of will a misdemeanour
           Subdivision 5-General practice rules
   67.     Practice in probate jurisdiction
   68.     Repealed

           Division 8-General saving provisions

   69.     Act not to affect certain cases
   70.     Right to take action by purchase

   PART II-SMALL ESTATES

   71.     Aid of registrar or clerk in procuring grant of probate etc.
   72.     Registrar of probates may issue grant to County Court registrar for applicant
   73.     Registrar may require proof of identity
   74.     Satisfaction as to value
   75.     Registrars may exercise certain powers
   76.     Applicants residing within 32 kilometres of Melbourne
   77.     Registrar of probates may require further materials
   78.     Registrar of probates need not proceed in difficult cases
   79.     Administration of small estates

   PART III-RECOGNITION OF FOREIGN GRANTS

   80.     Definitions
   81.     Probates and administrations granted in United Kingdom
   82.     Caveat may be lodged
   83.     Intention to apply for seal of Court to be advertised
   84.     Re-sealing of foreign grants
   85.     Executor or administrator of estate of deceased person
   86.     Administrator under power of attorney
   87.     Scots confirmation
   88.     Application of this Part to certain other countries
   89.     Repealed

   PART IV-FAMILY PROVISION

   90.     Definitions
   91.     Power of the Court to make maintenance order
   92.     Repealed
   93.     Service of notice of application
   94.     Powers of Court
   95.     Repealed
   96.     Powers of Court in making orders
   97.     Contents of order
   98.     Adjustment of probate duty
   99.     Time within which application may be made
   99A.    Protection of personal representative against certain claims

   PART IVA-TRANSITIONAL

   99AA.   Transitional provision-Wills Act 1997.
   99AB.   Further transitional provision-Wills Act 1997.
   99AC.   Transitional provision-Administration and Probate
           (Dust Diseases) Act 2000.
   100.    Transitional provision-Statute Law Amendment
           (Relationships) Act 2001.

   PART V-Repealed

           101-137 Repealed
           __________________
           SCHEDULE 1-Dust-related conditions
           SCHEDULE 2.

   PART I-RULES AS TO PAYMENT OF DEBTS WHERE THE ESTATE IS NOT SOLVENT

   PART II-ORDER OF APPLICATION OF ASSETS WHERE THE ESTATE IS SOLVENT
           SCHEDULE 3-Repealed
   ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details

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