ADMINISTRATION AND PROBATE ACT 1919
Table of Provisions
PART 1--Preliminary
1 Short title3 Repeal and transitional provisions4 Interpretation
PART 2--Granting, revoking etc of probate and administration
Division 1--Jurisdiction of Supreme Court
5 Probate jurisdiction of Supreme Court
Division 2--Registrar of Probates
6 Registrar of Probates7 Registrar's powers7A Exercise by Registrar of jurisdiction, powers or authorities of Court8 Registrar to obtain direction of Judge in doubtful case
Division 3--District registries
9 Certain Local Courts may be appointed district registries10 Judge may order proceedings in district registry to be removed to Supreme Court11 District registrar may in certain cases apply through Registrar for directions of a Judge12 District Registrar may in certain cases obtain directions of Registrar
Division 4--Deposit of wills
13 Wills may be deposited14 Deposit of codicil15 Withdrawal16 Proceedings for probate on death of testator where will has been deposited
Division 5--Sealing of grants made outside this State
17 Probate and administration granted in other States or the United Kingdom or by foreign Court to be of like force as if granted in South Australia, on being re-sealed19 As to foreign probate or administration20 Definitions
Division 6--General provisions relating to granting and revoking probate and administration
21 Practice of the Court22 Provisions for evidence in case of foreign will23 Power to appoint joint administrators24 Power to examine witnesses25 Order to produce any instrument purporting to be testamentary26 Caveats27 Where a will affecting real estate is proved in solemn form, or is the subject of a contentious proceeding, the persons interested in the real estate to be cited28 Persons interested in certain cases not to be cited, and when not cited not to be affected by probate29 Safe custody of wills etc30 Office copy of whole or part of will, or of probate or administration, may be obtained34 Administration may be granted to duly authorised attorney35 After grant of administration no person to have power to sue as executor36 Rights of executor renouncing, not acting, or not appearing when cited, to cease as if he had not been named in will37 If executor or administrator out of jurisdiction, special administrator may be appointed38 Special administrator to make certain affidavits39 On return of original executor or administrator, special administration to be rescinded40 On order being made for rescission, special administrator to account and pay over money41 Original executor or administrator liable, although special administration not rescinded42 Revocation of grants not to prejudice actions43 Protection to persons acting in reliance on probate or administration44 Obligation of person dealing with asset to ensure that it has been properly disclosed
PART 3--Vesting and administration of estates
Division 1--Vesting of intestate estates until administration
45 Vesting of intestate estates until administration
Division 2--Provisions relating to land
46 Land to vest in executor or administrator of owner47 Court may make special orders as to management of undevised lands48 Court may order partition49 Interpretation50 Construction of word "heirs"51 Executor or administrator to have power of sale of real estate for payment of debts52 Devisee of real estate not to claim payment of mortgage out of personal assets
Division 3--General provisions relating to administration of estates
56 Statement and account to be delivered56A Court may order delivery of statement and account58 Proceedings to compel account59 All specialty and simple contract debts of deceased persons to stand in equal degree60 Filing of declaration that estate insufficient to pay debts61 Rules in insolvency administration to prevail in certain cases62 Estate how administered63 Court may order sale of infant's property64 Court may give permission to postpone realisation or carry on business65 Administrator to pay over money and deliver property to Public Trustee66 Effect of delivery etc to Public Trustee67 Judge may dispense wholly or partially with compliance with section 65 69 . Public Trustee and other persons may obtain judicial advice or direction
70 Commission may be allowed to executors, administrators or trustees
Division 4--Payment of certain money in deceased estates without grants
71 Payment without production of probate or letters of administration72 Payment by ADI of sums not exceeding $2 000
PART 3A--Distribution on intestacy
72A Transitional provisions72B Interpretation72C Administrator to hold property on trust72E Presumption of survivorship not to apply72F Value of intestate estate72G Distribution of intestate estate72H Division of estate when deceased is survived by spouse and/or domestic partner72I Distribution amongst issue72J Distribution amongst relatives72K Gifts to be brought into hotchpot72L Election by spouse or domestic partner to take dwellinghouse72M Limitation on right of personal representative to sell interest in dwellinghouse72N This Part not to affect operation of Inheritance (Family Provision) Act72O Certain Imperial Acts not to apply in this State
PART 5--Miscellaneous
119 Probate to be evidence of wills concerning real estate120 No will to be registered or admissible in evidence until proved120A Interest upon pecuniary legacies121 Inspection of documents in Lands Titles or General Registry Office121A Statement of assets and liabilities to be provided with application for probate or administration122 Court rules 123 Affidavits124 Person making false oath guilty of perjury127 Restraint upon exercise of rights of retainer and preference128 Power of Public Trustee to move for attachment of an administrator129 Governor may stay or compound any proceedings130 Regulations
http://www.austlii.edu.au/au/legis/sa/consol_act/aapa1919259/
