Victorian Current Acts

ADMINISTRATION AND PROBATE ACT 1958 - SECT 70A

    (1)     This Part applies if a person dies—

        (a)     without leaving a will; or

        (b)     leaving a will which does not effectively dispose of the person's estate wholly or partially.

    (2)     If a person dies leaving a will, this Part applies to the part of the person's estate not disposed of by that will subject to—

        (a)     the provisions of the will; and

        (b)     the following modifications—

              (i)     any requirements about bringing property into account apply to any beneficial interests acquired by any issue of the deceased under the will of the deceased;

              (ii)     subject to the rights and powers of the personal representative for the purposes of administration, the personal representative must be a trustee for the persons entitled under this Part for the part of the estate not expressly disposed of, unless it appears by the will that the personal representative is intended to take that part beneficially.

S. 70B inserted by No. 41/2017 s. 11.