Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929

TABLE OF PROVISIONS

           Long Title

   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  
           SCHEDULE 4
           SCHEDULE 6
           DICTIONARY
           ENDNOTES