ADMINISTRATION AND PROBATE ACT 1935

Table of Provisions

PART I - Preliminary

• 1 Short title
• 2 Repeal
• 3 Interpretation

PART II - Devolution of Estates

• 4 Devolution of real estate on personal representative
• 5 Application to real estate of law affecting chattels real
• 6 Interpretation in this Part of "real estate"

PART III - Executors and Administrators Division I - General

• 7 Summons to executor to prove or renounce, &c.
• 8 When right of executor to prove ceases
• 9 Withdrawal of renunciation
• 10 Executor of sole or last surviving executor represents original
testator
• 11 Right of proving executors to exercise powers
• 12 How property to vest between death of person intestate and grant of
representation
• 13 Discretion of Court as to persons to whom administration is to be
granted and limitation of grant
• 13A Grant of administration to adult
• 14 Provisions as to the number of personal representatives and where
minority or life interest
• 15 Power to grant representation of real and personal estate separately
or together
• 16 Grant of representation to a trust corporation
• 17 Grant to agent of executor
• 18 Executor not to act while administration is in force
• 19 Grant of administration pendente lite
• 20 Continuance of legal proceedings after revocation of temporary
administration
• 21 Grant of special administration where personal representative is
abroad
• 22 Administration with will annexed
• 23 Administration during minority of executor
• 24 Rights and liabilities of administrator
• 25 Section 25

Division II - Duties, rights and obligations

• 26 Duty of personal representative as to inventory
• 27 Rights of action by and against personal representatives
• 28 Protection of persons acting in probate or administration
• 29 Liability of person fraudulently obtaining or retaining estate of
deceased
• 30 Liability of estate of personal representative
• 31 Rules for adapting provisions of this Part relating to real estate

PART IV - Administration of Assets

• 32 Real and personal estate of deceased are assets for payment of
debts
• 33 Trust for sale
• 34 Administration of assets
• 35 Charges on property of deceased to be paid primarily out of the
property charged
• 36 Effect of assent or conveyance by personal representative
• 37 Validity of conveyance not affected by revocation of representation
• 38 Right to follow property and powers of the Court in relation
thereto
• 39 Powers of management
• 40 Powers of personal representative as to appropriation
• 41 Power to appoint trustees of infants' property
• 42 Obligations of personal representative permitting possession of lands,
and powers of the Court
• 43 Power to postpone distribution: Executor's year

PART V -

• 44 Section 44
• 45 Section 45
• 46 Section 46
• 47 Section 47

PART VI - Probate and Administration Granted Outside the State

• 47A Interpretation
• 48 Resealing of probate, &c., granted beyond the State in certain
cases
• 49 Procedure: Caveats
• 50 Seal not to be affixed till duty is paid, &c.
• 51 Security for payment of debts may be required
• 52 Person procuring the sealing to be deemed executor or administrator
• 53 Application of this Part of Act may be extended

PART VII - Protection of Representatives

• 54 Power of personal representative to advertise for claims
• 55 Power of personal representative to distribute assets
• 56 Filing of accounts
• 57 Rights of claimants
• 58 Proceedings under this Act to be stayed in certain cases
• 59 Release to be in force except as to errors or omissions
• 60 Rights of claimants against legatees and next-of-kin preserved
• 61 Further assets to be disposed of and accounted for in same manner
as original assets
• 62 Interpretation

PART VIII - Supplemental

• 62A Interests as joint tenants, &c., under wills of testators dying
before commencement of Act
• 63 Section 63
• 64 Power of Court to make orders for due administration of estate of
deceased person
• 65 Concealment, &c., of will actionable
• 66 General saving
• 67 Transitory provisions: Rules of Court
• 68 Savings and transitional provisions
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4

[ Note: This table has been automatically generated and may be incomplete. ]