ADMINISTRATION AND PROBATE ACT 1958
Table of Provisions
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
- 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
- 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
- 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
- 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
- 31A Protection of payments or transfers of property without requiring the production of a grant of representation
- 31B Threshold amount
- 31C Liability of person fraudulently obtaining or retaining estate of deceased
- 31D Persons liable for the waste or conversion of a deceased's estate
- 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[2]
- 39 Insolvent estates—payment of debts
- 39A Solvent estates—payment of debts
- 39B Solvent estates—pecuniary legacies
- 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
- 50 Court powers where exception to ademption causes unjust advantage or unjust disadvantage
- 51 Beneficiary entitled to traceable income from sale of adeemed assets
- 54 Payment of distributive shares of infant children
- 56 Reference to Statutes of Distributions
Division 7--Practice procedure offences etc.
- 57 Administration guarantees
- 58 Caveat may be lodged[3]
- 65 Executors' etc. commission
- 65A Reduction of excessive commission or fees
- 65B Benefits to executor under remuneration clause
- 65C Consent to executor's remuneration by interested beneficiaries
- 65D Information to be provided by an executor to interested beneficiaries
- 65E Executor may elect to charge fees instead of commission
- 66 Concealment of will a misdemeanour
- 67 Practice in probate jurisdiction
Division 8--General saving provisions
PART IA--INTESTACY
Division 1--Application and definitions
- 70A Application of this Part
- 70B Definitions for this Part
- 70C Survivor requirements
- 70D Entitlement to distribution from estate in more than one capacity
- 70E Rights of creditors not affected
- 70F Date of valuation
- 70G Inter vivos gifts do not affect entitlements
Division 2--Trust for sale of intestate's property
Division 3--Distribution if intestate leaves a partner
- 70J Distribution if intestate leaves a partner and no child or other issue
- 70K Distribution if intestate leaves partner and issue of that partner
- 70L Distribution if intestate leaves partner and child or issue not the child or issue of that partner
- 70M Amount of partner's statutory legacy
- 70N Minister to publish notice of amount of partner's statutory legacy in Government Gazette
Division 4--Partner's rights as to estate property by election
- 70O Application of this Division
- 70P Partner may make partner's property election to acquire intestate's interest in property of estate
- 70Q Partner to be given right to elect notice
- 70R Time for making partner's property election
- 70S How partner's property election is made
- 70T Revocation of partner's property election
- 70U Court may make acquisition authorisation order if election applies to estate property which is part of larger aggregate
- 70V Valuation of property which is subject of election
- 70W How price of property to be satisfied and effect on residuary estate
- 70X Timing of transfer to partner
- 70Y Restriction on disposal of property from intestate's estate
Division 5--Distribution if intestate leaves multiple partners
- 70Z Distribution if intestate leaves more than one partner and no issue
- 70ZA Distribution if intestate leaves more than one partner and child or issue of one or more of those partners
- 70ZB Distribution if intestate leaves more than one partner and child or issue not the child or issue of one or more of those partners
- 70ZC Distribution agreement for sharing between more than one partner
- 70ZD Distribution orders
- 70ZE Distribution between multiple partners in equal shares
Division 6--Distribution if intestate leaves no partners
- 70ZF Application of Division
- 70ZG Distribution to children
- 70ZH Distribution to parents
- 70ZI Distribution to siblings
- 70ZJ Distribution to grandparents
- 70ZK Distribution to aunts and uncles or to cousins by representation
- 70ZL Crown to take estate if no person entitled
PART II--SMALL ESTATES
- 71 Aid of registrar or clerk in procuring grant of probate etc.
- 72 Registrar of probates may issue probate or administration if satisfied of certain matters
- 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
PART IV--FAMILY PROVISION
- 90 Definitions
- 90A Eligible person may apply for family provision order
- 91 Court may make family provision order
- 91A Factors to be considered in making family provision order
- 93 Service of notice of application
- 94 Powers of Court
- 96 Powers of Court in making orders
- 97 Contents of family provision 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
- 101 Transitional provision—family provision—Justice Legislation Amendment (Succession and Surrogacy) Act 2014
- 102 Transitional provision—payment of debts—Justice Legislation Amendment (Succession and Surrogacy) Act 2014
- 103 Transitional provision—small estates—Justice Legislation Amendment (Succession and Surrogacy) Act 2014
- 104 Power to resolve transitional difficulties in proceeding—Justice Legislation Amendment (Succession and Surrogacy) Act 2014
- 106 Transitional provisions—Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017
- 107 Power to resolve transitional difficulties in proceeding—Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017