South Australian Current Acts

ADMINISTRATION AND PROBATE ACT 1919

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Repeal and transitional provisions
   4.      Interpretation

   PART 2--Granting, revoking etc of probate and administration

           Division 1--Jurisdiction of Supreme Court

   5.      Probate jurisdiction of Supreme Court

           Division 2--Registrar of Probates

   6.      Registrar of Probates
   7.      Registrar's powers
   7A.     Exercise by Registrar of jurisdiction, powers or authorities of Court
   8.      Registrar to obtain direction of Judge in doubtful case

           Division 3--District registries

   9.      Certain Local Courts may be appointed district registries
   10.     Judge may order proceedings in district registry to be removed to Supreme Court
   11.     District registrar may in certain cases apply through Registrar for directions of a Judge
   12.     District Registrar may in certain cases obtain directions of Registrar

           Division 4--Deposit of wills

   13.     Wills may be deposited
   14.     Deposit of codicil
   15.     Withdrawal
   16.     Proceedings for probate on death of testator where will has been deposited

           Division 5--Sealing of grants made outside this State

   17.     Probate and administration granted in other States or the United Kingdom or by foreign Court to be of like force as if granted in South Australia, on being re-sealed
   19.     As to foreign probate or administration
   20.     Definitions

           Division 6--General provisions relating to granting and revoking probate and administration

   21.     Practice of the Court
   22.     Provisions for evidence in case of foreign will
   23.     Power to appoint joint administrators
   24.     Power to examine witnesses
   25.     Order to produce any instrument purporting to be testamentary
   26.     Caveats
   27.     Where a will affecting real estate is proved in solemn form, or is the subject of a contentious proceeding, the persons interested in the real estate to be cited
   28.     Persons interested in certain cases not to be cited, and when not cited not to be affected by probate
   29.     Safe custody of wills etc
   30.     Office copy of whole or part of will, or of probate or administration, may be obtained
   34.     Administration may be granted to duly authorised attorney
   35.     After grant of administration no person to have power to sue as executor
   36.     Rights of executor renouncing, not acting, or not appearing when cited, to cease as if he had not been named in will
   37.     If executor or administrator out of jurisdiction, special administrator may be appointed
   38.     Special administrator to make certain affidavits
   39.     On return of original executor or administrator, special administration to be rescinded
   40.     On order being made for rescission, special administrator to account and pay over money
   41.     Original executor or administrator liable, although special administration not rescinded
   42.     Revocation of grants not to prejudice actions
   43.     Protection to persons acting in reliance on probate or administration
   44.     Obligation of person dealing with asset to ensure that it has been properly disclosed

   PART 3--Vesting and administration of estates

           Division 1--Vesting of intestate estates until administration

   45.     Vesting of intestate estates until administration

           Division 2--Provisions relating to land

   46.     Land to vest in executor or administrator of owner
   47.     Court may make special orders as to management of undevised lands
   48.     Court may order partition
   49.     Interpretation
   50.     Construction of word "heirs"
   51.     Executor or administrator to have power of sale of real estate for payment of debts
   52.     Devisee of real estate not to claim payment of mortgage out of personal assets

           Division 3--General provisions relating to administration of estates

   56.     Statement and account to be delivered
   56A.    Court may order delivery of statement and account
   58.     Proceedings to compel account
   59.     All specialty and simple contract debts of deceased persons to stand in equal degree
   60.     Filing of declaration that estate insufficient to pay debts
   61.     Rules in insolvency administration to prevail in certain cases
   62.     Estate how administered
   63.     Court may order sale of infant's property
   64.     Court may give permission to postpone realisation or carry on business
   65.     Administrator to pay over money and deliver property to Public Trustee
   66.     Effect of delivery etc to Public Trustee
   67.     Judge may dispense wholly or partially with compliance with section 65
           69. Public Trustee and other persons may obtain judicial advice or direction
   70.     Commission may be allowed to executors, administrators or trustees

           Division 4--Payment of certain money in deceased estates without grants

   71.     Payment without production of probate or letters of administration
   72.     Payment by ADI of sums not exceeding $2 000

   PART 3A--Distribution on intestacy

   72A.    Transitional provisions
   72B.    Interpretation
   72C.    Administrator to hold property on trust
   72E.    Presumption of survivorship not to apply
   72F.    Value of intestate estate
   72G.    Distribution of intestate estate
   72H.    Division of estate when deceased is survived by spouse and/or domestic partner
   72I.    Distribution amongst issue
   72J.    Distribution amongst relatives
   72K.    Gifts to be brought into hotchpot
   72L.    Election by spouse or domestic partner to take dwellinghouse
   72M.    Limitation on right of personal representative to sell interest in dwellinghouse
   72N.    This Part not to affect operation of Inheritance (Family Provision) Act
   72O.    Certain Imperial Acts not to apply in this State

   PART 5--Miscellaneous

   119.    Probate to be evidence of wills concerning real estate
   120.    No will to be registered or admissible in evidence until proved
   120A.   Interest upon pecuniary legacies
   121.    Inspection of documents in Lands Titles or General Registry Office
   121A.   Statement of assets and liabilities to be provided with application for probate or administration
   122.    Court rules
   123.     Affidavits
   124.    Person making false oath guilty of perjury
   127.    Restraint upon exercise of rights of retainer and preference
   128.    Power of Public Trustee to move for attachment of an administrator
   129.    Governor may stay or compound any proceedings
   130.    Regulations
           SCHEDULE 1--Acts consolidated and repealed
           Legislative history