New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898

- As at 28 September 2020 
- Act 13 of 1898 

TABLE OF PROVISIONS

           Long Title

   PART 1AA - PRELIMINARY

   1.      Name of Act
   2.      Repeals and savings
   3.      Definitions

   PART 1 - WILLS

           4-29A. (Repealed)
   30.     Place of original wills
   31.     Official copy of whole or part of will may be obtained
   32.     (Repealed)

   PART 1A - (Repealed)
   None

   PART 2 - PROBATE AND ADMINISTRATION

           Division 1A - Preliminary

   32G.    Interpretation

           Division 1 - Jurisdiction of the Court

   33.     Jurisdiction
           34-39. (Repealed)
   40.     Probate or administration may be granted of real or personal estate
   40A.    Evidence or presumption of death
   40B.    Presumption of death
   40C.    Person living at date of grant
   40D.    Effect of revoking grant
   41.     Probate to one or more executors, reserving leave to others to prove subsequently
   41A.    (Repealed)
   42.     Application for probate or administration
   43.     (Repealed)

           Division 2 - Estates of deceased persons

   44.     Real and personal estate to vest in executor or administrator
   44A.    Executor of executor represents original testator
   45.     Real estate held by testator or intestate to vest in executor or administrator, subject to equities
   46.     Property of deceased to be assets which may be sold or mortgaged
   46A.    Real and personal estate of person dying after commencement of Conveyancing (Amendment) Act 1930 are assets for payment of debts
   46B.    Appointments under general power
   46C.    Administration of assets
   46D.    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
           49-51. (Repealed)
   52.     No dower or courtesy
   53.     Value to be accepted instead of partition
   54.     Transferred provision--Court may authorise business of intestate to be carried on
           55, 56. (Repealed)
   57.     Court may make special order
   58.     Court may order partition in a summary way
   59.     Personal representative not required to continue to act against the personal representative's own consent
   60.     (Repealed)
   61.     Property of deceased to vest in NSW Trustee

           Division 2A - (Repealed)
           None

           Division 3 - Probate and administration

   62.     Practice as to granting administration of real and personal estate of intestate
   63.     To whom administration may be granted
   64.     Administration bond to be executed
   65.     Amount of penalty in administration bond
   66.     Administration may be revoked or further bond required
   67.     Order may be made to assign the bond
   68.     Surety may apply to the Court for relief
   69.     Executor renouncing probate or not acting or not appearing to a citation to be treated as if the executor had renounced
   70.     Minority of sole executor
   71.     Who shall have the same power as where administration is granted durante minore aetate of the next of kin
   72.     Administration to be granted to attorney in certain cases
   73.     Administration pendente lite and receiver
   74.     Power as to appointment of administrator
   74A.    Rights and liabilities of administrators
   75.     Proceeding where executor neglects to prove will
   75A.    Delegation
   76.     If executor or administrator out of jurisdiction special administrator may be appointed
   77.     Special administrator to make certain affidavits
   78.     On return of original executor or administrator special administration to be rescinded
   79.     On order being made for rescission special administrator to account and pay over moneys
   80.     Original executor or administrator liable although special administration not rescinded
   81.     Revocation of grants not to prejudice actions or suits
   81A.    Disclosure of assets and liabilities of deceased
   81B.    Power to deal with assets etc
   82.     All debts to stand in equal degree, and retainer abolished
   83.     Executor may sign acknowledgment in lieu of conveyance
   84.     Application for legacy etc
   84A.    Interest on legacies and annuities
   85.     Executor, administrator or trustee to pass accounts
   86.     Executors etc may be allowed commission
   86A.    Reduction of excessive commission etc
   87.     Effect of neglect to file etc inventory or accounts
   88.     Proceedings under section 87 not to prejudice proceedings on bond
   89.     Judge may make order as to disposal of moneys in hands of executor etc
   90.     Payments under revoked probates or administrations valid
   91.     Persons etc making payments upon probates granted for estate of deceased person to be indemnified
   92.     Distribution of assets after notice given by executor or administrator
   92A.    Personal representatives may make maintenance distributions within 30 days
   93.     Claims barred against executor or administrator in certain cases
   94.     Distribution of estate by executor or administrator
   95.     Right to follow assets
   96.     (Repealed)
   97.     Every executor etc to be deemed resident in New South Wales

           Division 4 - Small estates

   98.     District agents
   99.     Power to administer oaths
   100.    (Repealed)
   101.    Application to be made to Registrar or to district agent
   102.    Duties of Registrar or district agent
   103.    District agent to send all papers to Registrar
   104.    Registrar to issue probate or administration in the name of the Court
   105.    Where Registrar not satisfied with the material before the Registrar
   106.    Registrar not bound to grant probate in certain cases

           Division 5 - Foreign probates and letters of administration

   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 resealed
   108.    Seal not to be affixed till duty is paid etc
   109.    Notice of application
   110.    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 lodged
   145.    Application may proceed on notice
   146.    Court may order application to proceed
   147.    (Repealed)
   148.    Caveats may be withdrawn
   149.    (Repealed)
   150.    Order to produce an instrument purporting to be testamentary

           Division 8 - General matters

   151.    Oaths
   152.    Registrar to keep record of probates etc
   152A.   Rules of Court
   153.    Regulations
   154.    Savings and transitional provisions arising from amendments to this Act
   155.    (Repealed)
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3
           Schedule 4 (Repealed)
           SCHEDULE 5