Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 12

    (1)     The Supreme Court may grant administration of an intestate estate to any of the following persons, subject to this section:

        (a)     the partner of the intestate;

        (b)     1 or more of the next of kin of the intestate;

        (c)     if the intestate is survived by 2 partners—either partner, or both partners conjointly;

        (d)     a partner or partners of the intestate conjointly with 1 or more of the next of kin of the intestate;

        (e)     any other person (whether or not a creditor of the intestate) the court considers appropriate.

    (2)     The Supreme Court must only grant administration of an intestate estate to a person who is at least 18 years old.

    (3)     The Supreme Court must not grant administration of an intestate estate to a person mentioned in subsection (1) (e) if there is anyone else to whom administration may be granted under this section who—

        (a)     in the court's opinion, can be trusted with administration of the estate; and

        (b)     applies to be granted administration of the estate.

    (4)     In this section:

"partner", in relation to an intestate—see section 44.