PROBATE AND ADMINISTRATION ACT 1898 - As at 28 September 2020 - Act 13 of 1898
- As at 28 September 2020
- Act 13 of 1898
Table of Provisions
PART 1AA - PRELIMINARY
30 Place of original wills 31 Official copy of whole or part of will may be obtained
PART 1A - (Repealed)
None
Division 1A - Preliminary
Division 1 - Jurisdiction of the Court
Division 2 - Estates of deceased persons
44 Real and personal estate to vest in executor or administrator 44A Executor of executor represents original testator45 Real estate held by testator or intestate to vest in executor or administrator , subject to equities46 Property of deceased to be assets which may be sold or mortgaged46A Real and personal estate of person dying after commencement of Conveyancing (Amendment) Act 1930 are assets for payment of debts46B Appointments under general power46C Administration of assets46D Application of income of settled residuary real or personal estate 46E Mode of divesting land from an executor or administrator 47 Real estate to be held upon trusts of will 48 Executor to have same rights etc as to real estate as personal estate 52 No dower or courtesy53 Value to be accepted instead of partition54 Transferred provision--Court may authorise business of intestate to be carried on57 Court may make special order58 Court may order partition in a summary way59 Personal representative not required to continue to act against the personal representative's own consent61 Property of deceased to vest in NSW Trustee
Division 2A - (Repealed)
None
62 Practice as to granting administration of real and personal estate of intestate63 To whom administration may be granted64 Administration bond to be executed65 Amount of penalty in administration bond66 Administration may be revoked or further bond required67 Order may be made to assign the bond68 Surety may apply to the Court for relief69 Executor renouncing probate or not acting or not appearing to a citation to be treated as if the executor had renounced70 Minority of sole executor71 Who shall have the same power as where administration is granted durante minore aetate of the next of kin72 Administration to be granted to attorney in certain cases73 Administration pendente lite and receiver74 Power as to appointment of administrator 74A Rights and liabilities of administrators 75 Proceeding where executor neglects to prove will 75A Delegation76 If executor or administrator out of jurisdiction special administrator may be appointed77 Special administrator to make certain affidavits78 On return of original executor or administrator special administration to be rescinded79 On order being made for rescission special administrator to account and pay over moneys80 Original executor or administrator liable although special administration not rescinded81 Revocation of grants not to prejudice actions or suits81A Disclosure of assets and liabilities of deceased81B Power to deal with assets etc82 All debts to stand in equal degree, and retainer abolished83 Executor may sign acknowledgment in lieu of conveyance84 Application for legacy etc84A Interest on legacies and annuities85 Executor, administrator or trustee to pass accounts86 Executors etc may be allowed commission86A Reduction of excessive commission etc87 Effect of neglect to file etc inventory or accounts88 Proceedings under section 87 not to prejudice proceedings on bond89 Judge may make order as to disposal of moneys in hands of executor etc90 Payments under revoked probates or administrations valid91 Persons etc making payments upon probates granted for estate of deceased person to be indemnified92 Distribution of assets after notice given by executor or administrator 92A Personal representatives may make maintenance distributions within 30 days93 Claims barred against executor or administrator in certain cases94 Distribution of estate by executor or administrator 95 Right to follow assets97 Every executor etc to be deemed resident in New South Wales
Division 4 - Small estates
107 Probates and letters of administration granted in other colonies or the United Kingdom to be of like force as if granted in New South Wales on being resealed108 Seal not to be affixed till duty is paid etc109 Notice of application110 Not to apply to public officer or NSW Trustee
Division 6 - Curator of intestate estates
111-137. (Repealed)
Division 7 - Caveats and orders to produce
138-143. (Repealed)
144 Caveat may be lodged145 Application may proceed on notice146 Court may order application to proceed148 Caveats may be withdrawn150 Order to produce an instrument purporting to be testamentary
Division 8 - General matters
151 Oaths152 Registrar to keep record of probates etc152A Rules of Court153 Regulations154 Savings and transitional provisions arising from amendments to this Act
http://www.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259/
