ADMINISTRATION ACT 1903
ADMINISTRATION ACT 1903
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title and construction
3. Terms used
3A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
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 whole and half blood
13. Real and personal estate in case of intestacy
14. Entitlements on intestacy
14A. Order declaring sum that is to apply for specified item
14B. Minister must review sums for specified items
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 manager and receiver pending litigation
36. Administration with 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 Family 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 attorney for 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
FOURTH SCHEDULE
FIFTH SCHEDULE
