Victorian Current Acts Victorian Current ActsNo. 6191 of 1958
Version incorporating amendments as at
6 September 2023
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
Version No. 129
Administration and Probate Act 1958
No. 6191 of 1958
Version incorporating amendments as at
6 September 2023
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Administration and Probate Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Administration and Probate Act 1958 by Acts and subordinate instruments.
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Administration and Probate Act 1958, No. 6191/1958
|
Assent Date: |
30.9.58 |
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Commencement Date: |
S. 105(4) inserted on 1.1.15 by No. 80/2014 s. 26: Special Gazette (No. 400) 29.10.14 p. 2; s. 108(4) inserted on 1.11.17 by No. 41/2017 s. 19: s. 2(2) |
|
Note: |
S. 105(4) repealed s. 105 on 1.1.17; s. 108(4) repealed s. 108 on 1.11.19 |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Statute Law Revision Act 1959, No. 6505/1959
|
Assent Date: |
5.5.59 |
|
Commencement Date: |
1.4.59: s. 1(2) |
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Current State: |
All of Act in operation |
Administration and Probate (Offices) Act 1960, No. 6640/1960
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Assent Date: |
7.6.60 |
|
Commencement Date: |
7.6.60 |
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Current State: |
All of Act in operation |
Statute Law Revision Act 1960, No. 6716/1960
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Assent Date: |
21.12.60 |
|
Commencement Date: |
|
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Current State: |
All of Act in operation |
Administration and Probate (Amendment) Act 1962, No. 6866/1962
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Assent Date: |
16.4.62 |
|
Commencement Date: |
16.4.62 |
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Current State: |
All of Act in operation |
Probate Duty Act 1962, No. 6890/1962
|
Assent Date: |
15.5.62 |
|
Commencement Date: |
1.7.62: Government Gazette 13.6.62 p. 1990 |
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Current State: |
All of Act in operation |
Administration and Probate (Family Provision) Act 1962, No. 6920/1962
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Assent Date: |
20.11.62 |
|
Commencement Date: |
20.11.62 |
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Current State: |
All of Act in operation |
Administration and Probate (Small Estates) Act 1964, No. 7168/1964 (as amended by Act No. 7332)
|
Assent Date: |
10.11.64 |
|
Commencement Date: |
1.6.65: Government Gazette 12.5.65 p. 1555 |
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Current State: |
All of Act in operation |
Administration and Probate (Surviving Actions) Act 1965, No. 7296/1965
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Assent Date: |
12.10.65 |
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Commencement Date: |
12.10.65 |
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Current State: |
All of Act in operation |
Statute Law Revision Act 1965, No. 7332/1965
|
Assent Date: |
14.12.65 |
|
Commencement Date: |
14.12.65: subject to s. 3 |
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Current State: |
All of Act in operation |
Administration and Probate (Amendment) Act 1967, No. 7597/1967
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Assent Date: |
5.12.67 |
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Commencement Date: |
5.12.67 |
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Current State: |
All of Act in operation |
Administration and Probate (Amendment) Act 1968, No. 7663/1968
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Assent Date: |
2.4.68 |
|
Commencement Date: |
1.5.68: Government Gazette 24.4.68 p. 1259 |
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Current State: |
All of Act in operation |
Administration and Probate (Foreign Grants) Act 1969, No. 7874/1969
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Assent Date: |
18.11.69 |
|
Commencement Date: |
18.11.69 |
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Current State: |
All of Act in operation |
Statute Law Revision Act 1971, No. 8181/1971
|
Assent Date: |
23.11.71 |
|
Commencement Date: |
23.11.71 |
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Current State: |
All of Act in operation |
Status of Children Act 1974, No. 8602/1974
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Assent Date: |
26.11.74 |
|
Commencement Date: |
1.3.75: Government Gazette 5.2.75 p. 228 |
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Current State: |
All of Act in operation |
Supreme Court Act 1976, No. 8951/1976
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Assent Date: |
16.12.76 |
|
Commencement Date: |
1.1.77: Government Gazette 22.12.76 p. 3739 |
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Current State: |
All of Act in operation |
Administration and Probate (Amendment) Act 1977, No. 9041/1977
|
Assent Date: |
22.11.77 |
|
Commencement Date: |
Ss 4, 7 on 1.12.78: Government Gazette 25.10.78 p. 3344; rest of Act on 22.11.77: s. 1(3) |
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Current State: |
All of Act in operation |
Wills (Interested Witnesses) Act 1977, No. 9044/1977
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Assent Date: |
22.11.77 |
|
Commencement Date: |
22.11.77 |
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Current State: |
All of Act in operation |
Age of Majority Act 1977, No. 9075/1977
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Assent Date: |
6.12.77 |
|
Commencement Date: |
1.2.78: Government Gazette 11.1.78 p. 97 |
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Current State: |
All of Act in operation |
Statute Law Revision Act 1980, No. 9427/1980
|
Assent Date: |
27.5.80 |
|
Commencement Date: |
27.5.80: s. 6(2) |
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Current State: |
All of Act in operation |
Crimes (Classification of Offences) Act 1981, No. 9576/1981
|
Assent Date: |
26.5.81 |
|
Commencement Date: |
1.9.81: Government Gazette 26.8.81 p. 2799 |
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Current State: |
All of Act in operation |
Administration and Probate (Survival of Actions) Act 1982, No. 9847/1982
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Assent Date: |
21.12.82 |
|
Commencement Date: |
21.12.82 |
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Current State: |
All of Act in operation |
Limitation of Actions (Personal Injury Claims) Act 1983, No. 9884/1983
|
Assent Date: |
10.5.83 |
|
Commencement Date: |
11.5.83: Government Gazette 11.5.83 p. 1145 |
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Current State: |
All of Act in operation |
Penalties and Sentences (Amendment) Act 1983, No. 9945/1983
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Assent Date: |
20.9.83 |
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Commencement Date: |
S. 2 on 1.9.81: s. 1(4); rest of Act on 20.12.83: Government Gazette 14.12.83 p. 4035; s. 8 repealed by No. 10096 s. 4(4) |
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Current State: |
All of Act in operation |
Trustee Companies Act 1984, No. 10168/1984
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Assent Date: |
20.11.84 |
|
Commencement Date: |
5.12.84: Government Gazette 5.12.84 p. 4329 |
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Current State: |
All of Act in operation |
Courts Amendment Act 1986, No. 16/1986
|
Assent Date: |
22.4.86 |
|
Commencement Date: |
Ss 1–11, 13–27, 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701 |
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Current State: |
All of Act in operation |
Mental Health Act 1986, No. 59/1986
|
Assent Date: |
3.6.86 |
|
Commencement Date: |
Ss 1–3, 21, 23, Sch 1 on 19.6.87: Government Gazette 17.6.87 p. 1538; rest of Act on 1.10.87: Government Gazette 30.9.87 p. 2585 |
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Current State: |
All of Act in operation |
Supreme Court Act 1986, No. 110/1986
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Assent Date: |
16.12.86 |
|
Commencement Date: |
1.1.87: s. 2 |
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Current State: |
All of Act in operation |
State Trust Corporation of Victoria Act 1987, No. 55/1987
|
Assent Date: |
20.10.87 |
|
Commencement Date: |
2.11.87: Government Gazette 28.10.87 p. 2925 |
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Current State: |
All of Act in operation |
County Court (Amendment) Act 1989, No. 19/1989
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Assent Date: |
16.5.89 |
|
Commencement Date: |
1.8.89: Government Gazette 26.7.89 p. 1858 |
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Current State: |
All of Act in operation |
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 (as amended by No. 34/1990)
|
Assent Date: |
14.6.89 |
|
Commencement Date: |
S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |
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Current State: |
All of Act in operation |
Administration and Probate (Amendment) Act 1994, No. 10/1994 (as amended by No. 9/1995)
|
Assent Date: |
3.5.94 |
|
Commencement Date: |
Ss 1, 2 on 3.5.94: s. 2(1); ss 3, 4, 7–15 on 27.4.95: Government Gazette 27.4.95 p. 973; rest of Act on 1.7.95: s. 2(3) |
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Current State: |
All of Act in operation |
State Trustees (State Owned Company) Act 1994, No. 45/1994
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Assent Date: |
7.6.94 |
|
Commencement Date: |
Pt 1 (ss 1–3), s. 27 on 7.6.94: s. 2(1); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1 |
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Current State: |
All of Act in operation |
Valuation of Land (Amendment) Act 1994, No. 91/1994
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Assent Date: |
6.12.94 |
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Commencement Date: |
S. 36(1) on 1.1.95: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Legal Practice Act 1996, No. 35/1996
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Assent Date: |
6.11.96 |
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Commencement Date: |
S. 453(Sch. 1 item 3) on 1.1.97: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Wills Act 1997, No. 88/1997 (as amended by No. 43/1998)
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Assent Date: |
2.12.97 |
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Commencement Date: |
Ss 53–61 on 20.7.98: Government Gazette 16.7.98 p. 1924 |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
State Trustees (Amendment) Act 1998, No. 15/1998
|
Assent Date: |
28.4.98 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Administration and Probate (Dust Diseases) Act 2000, No. 15/2000
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Assent Date: |
9.5.00 |
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Commencement Date: |
10.5.00: s. 2 |
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Current State: |
All of Act in operation |
Statute Law Revision Act 2000, No. 74/2000
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Assent Date: |
21.11.00 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000, No. 78/2000
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Assent Date: |
28.11.00 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
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Assent Date: |
12.6.01 |
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Commencement Date: |
S. 3(Sch. 1 item 1) on 8.11.01: Government Gazette 8.11.01 p. 2797 |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Corporations (Consequential Amendments) Act 2001, No. 44/2001
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Assent Date: |
27.6.01 |
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Commencement Date: |
S. 3(Sch. item 2) on 15.7.01: s. 2 |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Statute Law Revision Act 2005, No. 10/2005
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Assent Date: |
27.4.05 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
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Assent Date: |
24.5.05 |
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Commencement Date: |
S. 18(Sch. 1 item 2) on 12.12.05: Government Gazette 1.12.05 p. 2781 |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Relationships Act 2008, No. 12/2008
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Assent Date: |
15.4.08 |
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Commencement Date: |
S. 73(1)(Sch. 1 item 2) on 1.12.08: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Justice Legislation Amendment Act 2008, No. 21/2008
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Assent Date: |
2.6.08 |
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Commencement Date: |
S. 26 on 1.12.08: s. 2(5) |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008
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Assent Date: |
3.6.08 |
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Commencement Date: |
S. 75 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009
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Assent Date: |
10.2.09 |
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Commencement Date: |
S. 37(Sch. 1 item 2) on 1.12.09: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
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Assent Date: |
24.11.09 |
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Commencement Date: |
S. 54(Sch. Pt 2 item 2) on 1.1.10: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Trustee Companies Legislation Amendment Act 2010, No. 17/2010
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Assent Date: |
11.5.10 |
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Commencement Date: |
Ss 17, 18 on 11.5.10: Special Gazette (No. 171) 11.5.10 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Justice Legislation Amendment Act 2013, No. 31/2013
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Assent Date: |
4.6.13 |
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Commencement Date: |
S. 3 on 26.10.13: Special Gazette (No. 292) 20.8.13 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
|
Assent Date: |
25.3.14 |
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Commencement Date: |
S. 160(Sch. 2 item 2) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Justice Legislation Amendment (Succession and Surrogacy) Act 2014, No. 80/2014
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Assent Date: |
21.10.14 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Justice Legislation Amendment Act 2015, No. 20/2015
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Assent Date: |
16.6.15 |
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Commencement Date: |
S. 47 on 17.6.15: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017, No. 41/2017
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Assent Date: |
19.9.17 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Oaths and Affirmations Act 2018, No. 6/2018
|
Assent Date: |
27.2.18 |
|
Commencement Date: |
S. 68(Sch. 2 item 1) on 1.3.19: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Guardianship and Administration Act 2019, No. 13/2019
|
Assent Date: |
4.6.19 |
|
Commencement Date: |
S. 221(Sch. 1 item 1) on 1.3.20: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023
|
Assent Date: |
5.9.23 |
|
Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Administration and Probate Act 1958 |
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Metric Conversion (Administration and Probate Act) Regulations 1973, S.R. No. 369/1973
|
Date of Making: |
18.12.73 |
|
Date of Commencement: |
1.2.74: reg. 1 |
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3 Explanatory details
[1] S. 35(1)(a): Section 15(1) of the Administration and Probate (Amendment) Act 1994, No. 10/1994 (repealed) read as follows:
15 Cases to which certain amendments do not apply
(1) The provisions of the Principal Act as amended by section 7, 8, 9, 10, 13(a) or 13(d) do not apply to a case where a person dies before the commencement of that section.
[2] S. 37: Section 251 of the Property Law Act 1958, No. 6344 reads as follows:
(1) A tenant in tail of full age shall have power to dispose by will by means of a devise or bequest referring specifically either to the property or to the instrument under which it was acquired or to entailed property generally—
(a) of lands of which he is tenant in tail in possession at his death; and
(b) of lands to be sold where the money arising from the sale is subject to be invested in the purchase of lands to be settled so that if purchased he would at his death have been tenant in tail in possession thereof; and
(c) of money subject to be invested in the purchase of lands of which if it had been so invested he would have been tenant in tail in possession at his death—
in like manner as if, after barring the entail, he had (either at law or in equity as the case may be) been tenant in fee-simple or absolute owner thereof at his death; but subject to and in default of any such disposition by will such lands or money shall devolve in the same manner as if this section or any corresponding previous enactment had not been passed.
(2) This section shall not extend to a tenant in tail after possibility of issue extinct and shall not render any interest which is not disposed of by the will of the tenant in tail liable for his debts or other liabilities.
(3) This section shall apply only to wills executed after the thirty-first day of December One thousand nine hundred and eighteen, or confirmed or republished after such date.