ADMINISTRATION AND PROBATE ACT 1958

Victorian Consolidated Legislation

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ADMINISTRATION AND PROBATE ACT 1958 - NOTES

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

ENDNOTES

1. General Information
The Administration and Probate Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.
2. Table of Amendments
This Version incorporates amendments made to the Administration and Probate Act 1958 by Acts and subordinate instruments.
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Statute Law Revision Act 1959, No. 6505/1959
Assent Date:
5.5.59
Commencement Date:
1.4.59: s. 1(2)
Current State:
All of Act in operation
Administration and Probate (Offices) Act 1960, No. 6640/1960
Assent Date:
7.6.60
Commencement Date:
7.6.60
Current State:
All of Act in operation
Statute Law Revision Act 1960, No. 6716/1960
Assent Date:
21.12.60
Commencement Date:
21.12.60: subject to ss 3, 4
Current State:
All of Act in operation
Administration and Probate (Amendment) Act 1962, No. 6866/1962
Assent Date:
16.4.62
Commencement Date:
16.4.62
Current State:
All of Act in operation
Probate Duty Act 1962, No. 6890/1962
Assent Date:
15.5.62
Commencement Date:
1.7.62: Government Gazette 13.6.62 p. 1990
Current State:
All of Act in operation
Administration and Probate (Family Provision) Act 1962, No. 6920/1962
Assent Date:
20.11.62
Commencement Date:
20.11.62
Current State:
All of Act in operation
Administration and Probate (Small Estates) Act 1964, No. 7168/1964 (as amended by Act No. 7332)
Assent Date:
10.11.64
Commencement Date:
1.6.65: Government Gazette 12.5.65 p. 1555
Current State:
All of Act in operation
Administration and Probate (Surviving Actions) Act 1965, No. 7296/1965
Assent Date:
12.10.65
Commencement Date:
12.10.65
Current State:
All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date:
14.12.65
Commencement Date:
14.12.65: subject to s. 3
Current State:
All of Act in operation

Administration and Probate (Amendment) Act 1967, No. 7597/1967
Endnotes
Assent Date:
5.12.67
Commencement Date:
5.12.67
Current State:
All of Act in operation
Administration and Probate (Amendment) Act 1968, No. 7663/1968
Assent Date:
2.4.68
Commencement Date:
1.5.68: Government Gazette 24.4.68 p. 1259
Current State:
All of Act in operation
Administration and Probate (Foreign Grants) Act 1969, No. 7874/1969
Assent Date:
18.11.69
Commencement Date:
18.11.69
Current State:
All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date:
23.11.71
Commencement Date:
23.11.71
Current State:
All of Act in operation
Status of Children Act 1974, No. 8602/1974
Assent Date:
26.11.74
Commencement Date:
1.3.75: Government Gazette 5.2.75 p. 228
Current State:
All of Act in operation
Supreme Court Act 1976, No. 8951/1976
Assent Date:
16.12.76
Commencement Date:
1.1.77: Government Gazette 22.12.76 p. 3739
Current State:
All of Act in operation
Administration and Probate (Amendment) Act 1977, No. 9041/1977
Assent Date:
22.11.77
Commencement Date:
Ss 4, 7 on 1.12.78: Government Gazette 25.10.78 p. 3344; rest of Act on 22.11.77: s. 1(3)
Current State:
All of Act in operation
Wills (Interested Witnesses) Act 1977, No. 9044/1977
Assent Date:
22.11.77
Commencement Date:
22.11.77
Current State:
All of Act in operation
Age of Majority Act 1977, No. 9075/1977
Assent Date:
6.12.77
Commencement Date:
1.2.78: Government Gazette 11.1.78 p. 97
Current State:
All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date:
27.5.80
Commencement Date:
27.5.80: s. 6(2)
Current State:
All of Act in operation
Crimes (Classification of Offences) Act 1981, No. 9576/1981
Assent Date:
26.5.81
Commencement Date:
1.9.81: Government Gazette 26.8.81 p. 2799
Current State:
All of Act in operation

Administration and Probate (Survival of Actions) Act 1982, No. 9847/1982
Endnotes
Assent Date:
21.12.82
Commencement Date:
21.12.82
Current State:
All of Act in operation
Limitation of Actions (Personal Injury Claims) Act 1983, No. 9884/1983
Assent Date:
10.5.83
Commencement Date:
11.5.83: Government Gazette 11.5.83 p. 1145
Current State:
All of Act in operation
Penalties and Sentences (Amendment) Act 1983, No. 9945/1983
Assent Date:
20.9.83
Commencement Date:
S. 2 on 1.9.81: s. 1(4); rest of Act on 20.12.83: Government Gazette 14.12.83 p. 4035; s. 8 repealed by No. 10096 s. 4(4)
Current State:
All of Act in operation
Trustee Companies Act 1984, No. 10168/1984
Assent Date:
20.11.84
Commencement Date:
5.12.84: Government Gazette 5.12.84 p. 4329
Current State:
All of Act in operation
Courts Amendment Act 1986, No. 16/1986
Assent Date:
22.4.86
Commencement Date:
Ss 1-11, 13-27, 29-34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701
Current State:
All of Act in operation
Mental Health Act 1986, No. 59/1986
Assent Date:
3.6.86
Commencement Date:
Ss 1-3, 21, 23, Sch 1 on 19.6.87: Government Gazette 17.6.87 p. 1538; rest of Act on 1.10.87: Government Gazette 30.9.87 p. 2585
Current State:
All of Act in operation
Supreme Court Act 1986, No. 110/1986
Assent Date:
16.12.86
Commencement Date:
1.1.87: s. 2
Current State:
All of Act in operation
State Trust Corporation of Victoria Act 1987, No. 55/1987
Assent Date:
20.10.87
Commencement Date:
2.11.87: Government Gazette 28.10.87 p. 2925
Current State:
All of Act in operation
County Court (Amendment) Act 1989, No. 19/1989
Assent Date:
16.5.89
Commencement Date:
1.8.89: Government Gazette 26.7.89 p. 1858
Current State:
All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 (as amended by No. 34/1990)
Endnotes
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Administration and Probate (Amendment) Act 1994, No. 10/1994 (as amended by No. 9/1995)
Assent Date:
3.5.94
Commencement Date:
Ss 1, 2 on 3.5.94: s. 2(1); ss 3, 4, 7-15 on 27.4.95: Government Gazette 27.4.95 p. 973; rest of Act on 1.7.95: s. 2(3)
Current State:
All of Act in operation
State Trustees (State Owned Company) Act 1994, No. 45/1994
Assent Date:
7.6.94
Commencement Date:
Pt 1 (ss 1-3), s. 27 on 7.6.94: s. 2(1); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1
Current State:
All of Act in operation
Valuation of Land (Amendment) Act 1994, No. 91/1994
Assent Date:
6.12.94
Commencement Date:
S. 36(1) on 1.1.95: s. 2(2)
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 item 3) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
Wills Act 1997, No. 88/1997 (as amended by No. 43/1998)
Assent Date:
2.12.97
Commencement Date:
Ss 53-61 on 20.7.98: Government Gazette 16.7.98 p. 1924
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
State Trustees (Amendment) Act 1998, No. 15/1998
Assent Date:
28.4.98
Commencement Date:
Ss 5-7 on 1.8.98: s. 2(3)
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
Administration and Probate (Dust Diseases) Act 2000, No. 15/2000
Assent Date:
9.5.00
Commencement Date:
10.5.00: s. 2
Current State:
All of Act in operation

Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 3) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000, No. 78/2000
Assent Date:
28.11.00
Commencement Date:
Ss 3, 4 on 28.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date:
12.6.01
Commencement Date:
S. 3(Sch. 1 item 1) on 8.11.01: Government Gazette 8.11.01 p. 2797
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. item 2) on 15.7.01: s. 2
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
Statute Law Revision Act 2005, No. 10/2005
Assent Date:
27.4.05
Commencement Date:
S. 3(Sch. 1 item 1) on 28.4.05: s. 2
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 2) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
Relationships Act 2008, No. 12/2008
Assent Date:
15.4.08
Commencement Date:
S. 73(1)(Sch. 1 item 2) on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958 
Justice Legislation Amendment Act 2008, No. 21/2008
Assent Date:
2.6.08
Commencement Date:
S. 26 on 1.12.08: s. 2(5)
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958


Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008
Assent Date:
3.6.08
Commencement Date:
S. 75 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1
Current State:
This information relates only to the provision/s amending the Administration and Probate Act 1958
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Metric Conversion (Administration and Probate Act) Regulations 1973, S.R. No. 369/1973
Date of Making:
18.12.73
Date of Commencement:
1.2.74: reg. 1
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3. Explanatory Details

1 S. 32(1): See note 1.
2 S. 35(1)(a): See note 1.
3 S. 37: Section 251 of the Property Law Act 1958, No. 6344 reads as follows:
	251.	Power to tenants in tail in possession to dispose of land by specific devise or bequest
	(1)	A tenant in tail of full age shall have power to dispose by will by means of a devise or bequest referring specifically either to the property or to the instrument under which it was acquired or to entailed property generally-
	(a)	of lands of which he is tenant in tail in possession at his death; and
	(b)	of lands to be sold where the money arising from the sale is subject to be invested in the purchase of lands to be settled so that if purchased he would at his death have been tenant in tail in possession thereof; and
	(c)	of money subject to be invested in the purchase of lands of which if it had been so invested he would have been tenant in tail in possession at his death-
in like manner as if, after barring the entail, he had (either at law or in equity as the case may be) been tenant in fee-simple or absolute owner thereof at his death; but subject to and in default of any such disposition by will such lands or money shall devolve in the same manner as if this section or any corresponding previous enactment had not been passed.
	(2)	This section shall not extend to a tenant in tail after possibility of issue extinct and shall not render any interest which is not disposed of by the will of the tenant in tail liable for his debts or other liabilities.
	(3)	This section shall apply only to wills executed after the thirty-first day of December One thousand nine hundred and eighteen, or confirmed or republished after such date.

4 S. 37A: See note 1.
5 Part 1, Div. 6: For the meaning of the expression Residuary Estate in this Division see section 38(4). As to saving as to persons dying before the commencement of the Administration and Probate Act 1928 see section 50 of that Act and section 4 of this Act.
6 S. 50: See note 1.
7 S. 58: See note 1.
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Administration and Probate Act 1958
No. 6191 of 1958