ADMINISTRATION AND PROBATE ACT 1929
Table of Provisions
PART 1--PRELIMINARY
PART 3--GRANT OF REPRESENTATION
Division 3.1--Jurisdiction of the Supreme Court
- 8C Supreme Court to make finding about domicile of deceased person
- 9 Probate or administration may be granted
- 9A Evidence of death
- 9B Grant on presumption of death
- 9C Evidentiary effect of probate and letters of administration
- 10B Grant to single executor reserving leave to others to apply
- 10C Grant of probate to public trustee and guardian etc
- 11 Practice about granting administration of real and personal estate
- 12 Eligible administrators
- 13 Rights and duties of administrator
- 20 Renunciation or non-appearance by executor
- 20A Renunciation etc by person appointed both executor and trustee of will
- 21 Administration to guardian of child sole executor
- 22 Administration under power of attorney
- 23 Administration pendente lite and receiver
- 24 Power to appoint administrator
- 25 Failure of executor to prove will
- 26 Issue of special letters of administration
- 27 Special administrator to make certain affidavits
- 28 On return of original executor or administrator special administration to be
- 29 Accounting by special administrator
- 30 Liability of executor or administrator neglecting to apply for revocation of special
- 31 Revocation of grants not to prejudice actions or suits
- 32 Discharge or removal of executors and administrators
- 32A Revocation of grant if person living at date of grant
- 32B Effect of revocation of grant
Division 3.3--Effect of grant of representation
- 38A Estate to vest in public trustee and guardian until grant
- 39 Real and personal estate to vest in executor or administrator
- 40 Real estate held in trust
- 41 Property of deceased to be assets
- 41A Property of deceased liable for debts
- 41B Appointments by will under general power
- 41C Administration of assets
- 41D Application of income of settled residuary estate
- 42 Real estate to be held on trusts of will
- 43 Rights of executor in relation to real estate
Division 3.4--Position of executor of an executor
- 43A Executor of executor
- 43B When ceases to represent deceased
- 43C Rights and liabilities of executor of executor
PART 3A--INTESTACY
Division 3A--.1 Preliminary
- 44 Interpretation for pt 3A
Division 3A--.2 Distribution on intestacy
- 44A Whole blood or half-blood relationships
- 45 Executor or administrator to hold property of intestate on trust for persons
- 45A Distribution between spouse, civil union partner or civil partner and eligible
- 46 Entitlement of children
- 48 Estate by courtesy or right of dower not to arise
- 49 Distribution of intestate estate
- 49A Interest of partner on intestacy in personal chattels
- 49AA Immovable property if intestate domiciled elsewhere
- 49B How distribution to issue is made
- 49BA Gifts made before death of intestate
- 49C How distribution to next of kin is made
- 49CA How distribution to the Territory is made
- 49D Partial intestacies
- 49DA Effect of disclaimer or forfeiture
- 49E Presumptions of parentage
Division 3A--.3 Rights of partners to intestate dwelling houses
- 49F Definitions for div 3A.3
- 49G Claim by partner to dwelling house
- 49H Valuation
- 49J Right not exercisable for certain tenancies
- 49K Right not exercisable in certain other cases
- 49L Personal representative not to sell or dispose of interest without
- 49M Rule that trustee not to purchase trust property
- 49N If surviving partner is under legal disability
PART 3B--SIMULTANEOUS DEATHS
- 49P Simultaneous deaths—devolution of property generally
- 49Q Simultaneous deaths—devolution of jointly owned property
PART 3C--FUNCTIONS OF EXECUTORS AND ADMINISTRATORS
- 50 Powers of executors and administrators to sell, mortgage or lease real
- 51 Supreme Court may make special order
- 51A Supreme Court may authorise postponement of realisation and carrying on of
- 52 Supreme Court may order partition in summary way
- 53 Personal representative not required to continue to act against own
- 54 In suits executor or administrator to represent real estate
- 55 All debts to stand in equal degree
- 55A Interest on legacies
- 56 Executor may sign acknowledgment instead of conveyance
- 57 Summary application for legacy etc
- 58 Examination and passing of accounts etc
- 61 Supreme Court may make order about disposal of money in hands of executor
- 62 Payments under revoked probates or administrations valid
- 63 Persons etc making payments on probate granted for estate of deceased person to be
- 64 Notice before distribution of assets
- 65 Claims barred against executor or administrator in certain cases
- 66 Distribution of estate by executors and administrators
- 67 Right to follow assets
- 68 Executors may compound etc
- 69 Every executor etc taken to be resident in ACT
- 70 Executors etc may be allowed commission
PART 3D--LIABILITY OF CERTAIN PERSONS IN RELATION TO DECEASED ESTATES
PART 5--RECOGNITION OF FOREIGN GRANTS
- 79A Orders to collect and administer estates for pt 5
- 79B Inclusion of orders to collect and Scottish confirmation
- 80 Reseal of grant made in reciprocating jurisdiction
- 80B Supreme Court may require security
- 80C Effect of sealing
PART 6--PUBLIC TRUSTEE AND GUARDIAN
- 87B Estates valued at $30 000 or less
- 87C Estates valued at $150 000 or less
- 88 Orders to public trustee and guardian to collect and administer
- 89 Effect of order
- 90 Grant of probate or administration despite appointment of public trustee and
- 91 Cessation of rights and liabilities of public trustee and guardian
- 92 Order to public trustee and guardian to collect and administer in special
- 93 Notice of order to be published
- 95 Supreme Court orders against public trustee and guardian
- 96 Orders on complaints under s 95
- 97 Public trustee and guardian to act as Supreme Court directs
- 97A Public trustee and guardian may obtain directions of Supreme Court
- 98 Proceedings for estates administered by the public trustee and guardian
- 101 Accounts to be kept etc
- 102 Receipt of public trustee and guardian sufficient discharge