Western Australian Consolidated Acts

ADMINISTRATION ACT 1903

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title and construction  
   3.      Interpretation  

   PART II -- Probate and administration  

   4.      Jurisdiction of Court as heretofore  
   5.      Duties of Principal Registrar  
   6.      Power to grant probate and administration  
   7.      Probate may be granted to one or more executors  
   8.      Upon grant of probate or administration real and personal estate to vest in executor or administrator  
   9.      Real estate to vest subject to trusts  
   10.     Real and personal estate to be assets  
   10A.    Insolvent estates  
   11.     Subject as aforesaid real estate to vest according to will  
   12.     Executor to have same rights and duties as to real estate as heretofore as to personal estate  
   12A.    Entitlement to participation in distribution of intestate estates  
   12B.    Relationships of the whole and the half blood  
   13.     Real and personal estate in case of intestacy  
   14.     Entitlements on intestacy  
   15.     De facto partners and distribution on intestacy  
   16.     Courtesy and dower abolished  
   17.     Court may deal with interest of infants in certain cases  
   17A.    Power to appoint trustees of infant’s property  
   19.     Court may direct partition of real estate  
   20.     Personal representative may relinquish trust  
   21.     Executor or administrator to represent real estate  
   23.     All creditors to stand in equal degree  
   24.     Administration in case of intestacy  
   25.     Persons entitled to administration  
   26.     Power to require administrator to produce sureties  
   29.     Court may revoke grant of administration  
   32.     In case of renunciation or failure to take probate, right of executor gone  
   33.     Where infant is executor, etc.  
   34.     Where person entitled to probate or administration is out of the jurisdiction  
   35.     Court may appoint a manager and receiver pending litigation  
   36.     Administration with the will annexed  
   37.     Probate or administration if executor, etc. absent or neglects to obtain probate, etc.  
   38.     Special letters of administration if executor or administrator not within jurisdiction  
   39.     On return of executor or administrator, special administration may be revoked  
   40.     Absent executor liable to account  
   41.     Revocation pending litigation not to abate proceedings  
   42.     Devisee or legatee may apply to Court in certain cases  
   43.     Inventory and accounts  
   44.     If accounts not filed Principal Registrar to give notice, etc.  
   45.     Court may settle all questions arising in administration  
   46.     Payments made before revocation to be valid  
   47.     Payments etc. to be valid notwithstanding defect  
   47A.    Protection of executors, administrators and trustees  
   53.     Executor deemed to be resident in State  
   54.     Court may appoint district agents  
   55.     Where estate does not exceed $10 000 the Principal Registrar or district agent may act  
   56.     Information to be furnished by Principal Registrar or agent  
   57.     Applications to be transmitted by agent to Principal Registrar  
   58.     Principal Registrar to refer matter back to agent if not satisfied  
   60.     Principal Registrar may refer to Court  
   60A.    Application of Inheritance (Family and Dependants Provision) Act 1972  

   PART III -- Foreign probates and administration  

   61.     Foreign probates, etc. may be sealed  
   62.     Power to require sureties to be provided before foreign administration sealed  

   PART IV -- Caveats  

   63.     Caveat  
   64.     Court may remove caveat  

   PART V -- Duties on deceased persons’ estates and succession duties  

   71.     No will to be registered or admissible in evidence until proved  

   PART VI -- Miscellaneous  

   139.    Deposits not exceeding prescribed amount in any ADI may be paid to widow or next of kin without probate or administration  
   140.    Records of grants, etc.  
   141.    Court may appoint an attorney for an absent executor  
   142.    Payment of balance of estate to Curator or Public Trustee of State or Colony where deceased was domiciled. Public Trustee may receive any part of estate from outside the State  
   143A.   Rate of interest payable on legacies  
   143B.   Saving provision as to bonds  
   144.    Rules of Court  
           THIRD SCHEDULE
           FOURTH SCHEDULE
           FIFTH SCHEDULE
           Compilation table