Victorian Current Acts

ADMINISTRATION AND PROBATE ACT 1958

TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   3.      Definitions  
   4.      Application of Act  

   PART I--GENERAL

           Division 1--Interpretation

   5.      Definitions  

           Division 1A--Deposit of wills with registrar

   5A.     Will may be deposited with registrar  
   5B.     Power to prescribe fees  
   5C.     Delivery of wills by registrar  

           Division 2--Grants of probate and administration

   6.      Jurisdiction of Court to grant probate etc.  
   7.      Grant of probate etc. on evidence or presumption of death  
   8.      Grant on presumption of death  
   9.      Revocation of probate etc. of person living at date of grant  
   10.     Effect of revocation  
   12.     Grants of probate and administration by registrar  

           Division 3--Devolution of real estate etc.

   13.     Real estate to vest in executors and administrators  
   14.     Rights and duties of executor or administrator with respect to real estate  

           Division 4--Executors and administrators

   15.     Executor etc. neglects to prove, renounce or bring in the will  
   16.     Cesser of right of executor to prove  
   17.     Executor of executor represents original testator  
   18.     Right of proving executors to exercise powers  
   19.     Estate of intestate to vest in State Trustees between death and grant of administration  
   20.     Power to grant representation of estate separately or together  
   21.     Executor not to act while administration is in force  
   22.     Administration pending litigation  
   23.     Continuance of legal proceedings after revocation of temporary administration  
   24.     Grant of administration where personal representative is abroad  
   24A.    Uncared for property  
   25.     Administration with will annexed  
   26.     Administration during minority of executor  
   27.     Rights and liabilities of administrator  
   28.     Duty of personal representative as to inventory and accounts  
   29.     Effect of death on certain causes of action  
   30.     Executors or administrators may serve notice on claimant  
   30A.    State Trustees' power to make distribution after notice of refusal  
   30C.    State Trustees' power to pay balance if deceased had property in and outside Victoria  
   30D.    Supreme Court—limitation of jurisdiction  
   30E.    Transitional for certain State Trustees powers  
   31.     Protection of persons acting on probate or administration  
   31A.    Protection of payments or transfers of property without requiring the production of a grant of representation  
   31B.    Threshold amount  
   31C.    Liability of person fraudulently obtaining or retaining estate of deceased  
   31D.    Persons liable for the waste or conversion of a deceased's estate  
   34.     Discharge or removal of executor or administrator  
   34A.    Application for administration of estate administered by a creditor  
   35.     Court may assign bond and remove administrator  

           Division 5--Administration of assets

   36.     Creditors to stand in equal degree  
   37.     Estate of deceased assets for payment of debts[2]  
   39.     Insolvent estates—payment of debts  
   39A.    Solvent estates—payment of debts  
   39B.    Solvent estates—pecuniary legacies  
   40.     Charges on property of deceased to be paid primarily out of the property charged  
   41.     Effect of assent or conveyance by personal representative  
   42.     Validity of conveyance not affected by revocation of representation  
   43.     Right to follow property etc.  
   44.     Powers of management  
   45.     Powers of personal representative for raising money etc.  
   46.     Powers of personal representative as to appropriation  
   47.     Power to appoint trustees of minor's property  
   48.     Obligations of personal representative to give possession  
   49.     Power to postpone distribution  
   50.     Court powers where exception to ademption causes unjust advantage or unjust disadvantage  
   51.     Beneficiary entitled to traceable income from sale of adeemed assets  
   54.     Payment of distributive shares of infant children  
   56.     Reference to Statutes of Distributions  

           Division 7--Practice procedure offences etc.

   57.     Administration guarantees  
   58.     Caveat may be lodged[3]  
   65.     Executors' etc. commission  
   65A.    Reduction of excessive commission or fees  
   65B.    Benefits to executor under remuneration clause  
   65C.    Consent to executor's remuneration by interested beneficiaries  
   65D.    Information to be provided by an executor to interested beneficiaries  
   65E.    Executor may elect to charge fees instead of commission  
   66.     Concealment of will a misdemeanour  
   67.     Practice in probate jurisdiction  

           Division 8--General saving provisions

   69.     Act not to affect certain cases  
   70.     Right to take action by purchase  

   PART IA--INTESTACY

           Division 1--Application and definitions

   70A.    Application of this Part  
   70B.    Definitions for this Part  
   70C.    Survivor requirements  
   70D.    Entitlement to distribution from estate in more than one capacity  
   70E.    Rights of creditors not affected  
   70F.    Date of valuation  
   70G.    Inter vivos gifts do not affect entitlements  

           Division 2--Trust for sale of intestate's property

   70H.    Trust for sale of intestate's estate  
   70I.    Investment of estate pending distribution  

           Division 3--Distribution if intestate leaves a partner

   70J.    Distribution if intestate leaves a partner and no child or other issue  
   70K.    Distribution if intestate leaves partner and issue of that partner  
   70L.    Distribution if intestate leaves partner and child or issue not the child or issue of that partner  
   70M.    Amount of partner's statutory legacy  
   70N.    Minister to publish notice of amount of partner's statutory legacy in Government Gazette  

           Division 4--Partner's rights as to estate property by election

   70O.    Application of this Division  
   70P.    Partner may make partner's property election to acquire intestate's interest in property of estate  
   70Q.    Partner to be given right to elect notice  
   70R.    Time for making partner's property election  
   70S.    How partner's property election is made  
   70T.    Revocation of partner's property election  
   70U.    Court may make acquisition authorisation order if election applies to estate property which is part of larger aggregate  
   70V.    Valuation of property which is subject of election  
   70W.    How price of property to be satisfied and effect on residuary estate  
   70X.    Timing of transfer to partner  
   70Y.    Restriction on disposal of property from intestate's estate  

           Division 5--Distribution if intestate leaves multiple partners

   70Z.    Distribution if intestate leaves more than one partner and no issue  
   70ZA.   Distribution if intestate leaves more than one partner and child or issue of one or more of those partners  
   70ZB.   Distribution if intestate leaves more than one partner and child or issue not the child or issue of one or more of those partners  
   70ZC.   Distribution agreement for sharing between more than one partner  
   70ZD.   Distribution orders  
   70ZE.   Distribution between multiple partners in equal shares  

           Division 6--Distribution if intestate leaves no partners

   70ZF.   Application of Division  
   70ZG.   Distribution to children  
   70ZH.   Distribution to parents  
   70ZI.   Distribution to siblings  
   70ZJ.   Distribution to grandparents  
   70ZK.   Distribution to aunts and uncles or to cousins by representation  
   70ZL.   Crown to take estate if no person entitled  

   PART II--SMALL ESTATES

   71.     Aid of registrar or clerk in procuring grant of probate etc.  
   72.     Registrar of probates may issue probate or administration if satisfied of certain matters  
   73.     Registrar may require proof of identity  
   74.     Satisfaction as to value  
   75.     Registrars may exercise certain powers  
   76.     Applicants residing within 32 kilometres of Melbourne  
   77.     Registrar of probates may require further materials  
   78.     Registrar of probates need not proceed in difficult cases  
   79.     Administration of small estates  

   PART III--RECOGNITION OF FOREIGN GRANTS

   80.     Definitions  
   81.     Probates and administrations granted in United Kingdom  
   82.     Caveat may be lodged  
   83.     Intention to apply for seal of Court to be advertised  
   84.     Re-sealing of foreign grants  
   85.     Executor or administrator of estate of deceased person  
   86.     Administrator under power of attorney  
   87.     Scots confirmation  
   88.     Application of this Part to certain other countries  

   PART IV--FAMILY PROVISION

   90.     Definitions  
   90A.    Eligible person may apply for family provision order  
   91.     Court may make family provision order  
   91A.    Factors to be considered in making family provision order  
   93.     Service of notice of application  
   94.     Powers of Court  
   96.     Powers of Court in making orders  
   97.     Contents of family provision order  
   98.     Adjustment of probate duty  
   99.     Time within which application may be made  
   99A.    Protection of personal representative against certain claims  

   PART IVA--TRANSITIONAL

   99AA.   Transitional provision—Wills Act 1997  
   99AB.   Further transitional provision—Wills Act 1997  
   99AC.   Transitional provision—Administration and Probate (Dust Diseases) Act 2000  
   100.    Transitional provision—Statute Law Amendment (Relationships) Act 2001  
   101.    Transitional provision—family provision—Justice Legislation Amendment (Succession and Surrogacy) Act 2014  
   102.    Transitional provision—payment of debts—Justice Legislation Amendment (Succession and Surrogacy) Act 2014  
   103.    Transitional provision—small estates—Justice Legislation Amendment (Succession and Surrogacy) Act 2014  
   104.    Power to resolve transitional difficulties in proceeding—Justice Legislation Amendment (Succession and Surrogacy) Act 2014  
   106.    Transitional provisions—Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017  
   107.    Power to resolve transitional difficulties in proceeding—Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017  
           FIRST SCHEDULE
           ENDNOTES