Northern Territory Consolidated Acts

ADMINISTRATION AND PROBATE ACT 1969

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   6.      Interpretation  

   PART III--GRANT OF REPRESENTATION

           Division 1--Jurisdiction of the Court

   14.     Probate or administration may be granted  
   15.     Evidence of death  
   16.     Grant on presumption of death  
   17.     When probate may be issued by Registrar  
   18.     Sealing of probate and letters of administration  
   19.     Grant to one executor reserving leave to others to apply  
   20.     Court may grant probate to Public Trustee named as executor  
   21.     Practice as to granting administration of real and personal estate  
   22.     To whom administration may be granted  
   23.     Administration bond to be given  
   26.     Probate or administration may be revoked or further bond required  
   27.     Application by surety for relief  
   28.     Renunciation or non-appearance by executor  
   29.     Renunciation, &c., by person appointed both executor and trustee of will  
   30.     Administration to guardian of infant sole executor  
   31.     Administration to be granted to attorney in certain cases  
   32.     Administration pendente lite and receiver  
   33.     Power as to appointment of administrator  
   34.     Proceeding where executor neglects to prove will  
   35.     Issue of special letters of administration  
   36.     Special administrator to make certain affidavits  
   37.     On return of original executor or administrator special administration to be rescinded  
   38.     Accounting by special administrator  
   39.     Liability of executor or administrator neglecting to apply for rescission of special administration  
   40.     Revocation of grants not to prejudice actions or suits  
   41.     Discharge or removal of executor or administrator  
   42.     Revocation of grant of person living at the date of the grant  
   43.     Effect of revocation of grant  

           Division 2--Caveats

   44.     Caveat may be lodged  

           Division 3--Effect of grant of representation

   49.     Estate vests in Public Trustee on person's death  
   50.     Public Trustee may act before property vests in executor or administrator  
   51.     Public Trustee to give notice of intention to act  
   52.     Real and personal estate to vest in executor or administrator  
   53.     Real estate held in trust  
   54.     Property of deceased person to be assets  
   55.     Property of deceased person liable for debts  
   56.     Appointments by will under general power  
   57.     Administration of assets  
   58.     Application of income of settled residuary estate  
   59.     Real estate to be held upon trusts of will  
   60.     Rights of executor as to real estate  
   60A.    Evidentiary effect of probate and letters of administration  

           Division 4--Distribution of intestacy

   61.     Interpretation  
   62.     Executor, &c., to hold property on trust, &c.  
   63.     Provisions relating to persons who at the date of death of the intestate are infants  
   64.     Presumption of survivorship not to apply  
   65.     Estate by courtesy or right of dower not to arise  
   66.     Distribution of intestate estate on intestacy  
   67.     Right of spouse or de facto partner to personal chattels  
   67A.    Intestate Aboriginals survived by more than one spouse  
   68.     Manner of distribution to issue  
   69.     Manner of distribution to next of kin  
   70.     Partial intestacies  

           Division 4A--Intestate Aboriginals

   71.     Application  
   71A.    Intestate estate not to include debts, &c.  
   71B.    Applications for orders for distribution  
   71C.    Time for making applications  
   71D.    Service of applications  
   71E.    Distribution order  
   71F.    Property in respect of which distribution order may be made  

           Division 5--Matrimonial home (including home of de facto partner)

   72.     Definitions  
   73.     Right of spouse or de facto partner to have matrimonial home appropriated  
   74.     Interest in home to be valued  
   75.     Right not exercisable in case of certain tenancies  
   76.     Right not exercisable in certain other cases  
   77.     Personal representative not to sell or dispose of interest without consent  
   78.     Rule that trustee not to purchase trust property  
   79.     Surviving spouse or de facto partner under a legal disability  

           Division 6--Rights, powers, duties and liabilities of executors and administrators

   80.     Powers of executors and administrators as to sale, mortgage, or lease of real estate  
   81.     Powers of executors and administrators as to appropriation  
   82.     Court may make special order  
   83.     Court may authorize postponement of realization and carrying on of business  
   84.     Court may order partition in a summary way  
   85.     Personal representative not required to continue to act against own consent  
   87.     All debts to stand in equal degree  
   88.     Summary application for legacy, &c.  
   89.     Executor or administrator to pass certain accounts  
   90.     Passing and allowance of the accounts of executors and administrators  
   91.     Punishment for accounts not exhibited  
   92.     Proceedings under section 91 not to prejudice proceedings on bond  
   93.     Court may make order as to disposal of moneys in hands of executor, &c.  
   94.     Payments under revoked probates or administrations valid  
   95.     Persons, &c., making payments upon probate granted for estate of deceased person to be indemnified  
   96.     Distribution of assets, &c.  
   97.     Claim barred against executor or administrator in certain cases  
   98.     Distribution of estate by executors and administrators  
   99.     Right to follow assets  
   101.    Every executor, &c., to be deemed resident in the Territory  

           Division 7--Commission

   102.    Executors, &c., may be allowed commission  

           Division 8--Additional powers etc. of professional personal representatives

   103.    Inquiries as to validity of claim  
   104.    Rejection of small claim  
   105.    Requirement for life tenant to give undertaking  
   105A.   Obtaining information about deceased person's property etc.  

   PART IV--SMALL ESTATES

           Division 1--Applications for representation

   106.    Application to Registrar  
   107.    Duties of Registrar  
   108.    Registrar to issue probate or administration in the name of the Court  
   109.    Matters as to which Registrar not satisfied  
   110.    Obligation of Registrar  

           Division 2--Representation by professional personal representatives

   110A.   Administration of small estate without representation or election  
   110B.   Election to administer small estate  
   110C.   Election in respect of part administered estate  

   PART V--RECOGNITION OF FOREIGN GRANTS

   111.    Reseal of grant made in certain countries  
   112.    Caveat  
   113.    Seal not to be affixed till duty is paid, &c.  
   114.    Inclusion of orders to collect and scotch confirmation  

   PART VII--PROCEDURE

   147.    Order to produce an instrument purporting to be testamentary  

   PART VIII--MISCELLANEOUS

   148.    Registrar to keep record of probates, &c.  
   149.    Proved wills and other documents to be held by Registrar  
   150.    Office copies  
   152.    Person fraudulently disposing of will liable for damages  
   152A.   Regulations  

   PART IX--TRANSITIONAL MATTERS FOR JUSTICE PORTFOLIO (MISCELLANEOUS AMENDMENTS) ACT 2005

   153.    Section 104: rejection of claims in excess of prescribed amount  

   PART X--TRANSITIONAL MATTERS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2021

   154.    Application of section 103  
           SCHEDULE 4
           SCHEDULE 6
           ENDNOTES