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ADMINISTRATION AND PROBATE ACT 1929

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 2 Dictionary  
  • 3 Notes  

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

  • 74A Fraudulently obtaining or keeping property  
  • 74B Persons liable for waste of deceased estate  

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  

PART 9--MISCELLANEOUS

  • 126 People entitled to inspect will of deceased person  
  • 127 Person fraudulently disposing of will liable for damages  
  • 128 Application of amendments made by Administration and Probate (Amendment) Act  
  • 129 Regulation-making power  

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