{"id":"a-1929-18","name":"Administration and Probate Act 1929","slug":"administration-and-probate-act-1929","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"18 of 1929","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23010,"registerId":"act-a-1929-18-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"12","sectionType":"section","heading":"December 2023. It also includes any commencement, amendment, repeal or expiry affecting","content":"12 December 2023. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 12 December 2023.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n8C Supreme Court to make finding about domicile of deceased person 3\n9 Probate or administration may be granted 3\n9A Evidence of death 4\n9B Grant on presumption of death 4\n9C Evidentiary effect of probate and letters of administration 6\n10B Grant to single executor reserving leave to others to apply 7\n10C Grant of probate to public trustee and guardian etc 7\n\nPage\ncontents 2 Administration and Probate Act 1929\n11 Practice about granting administration of real and personal estate 7\n12 Eligible administrators 7\n13 Rights and duties of administrator 8\n20 Renunciation or non-appearance by executor 9\n20A Renunciation etc by person appointed both executor and trustee of will 10\n21 Administration to guardian of child sole executor 10\n22 Administration under power of attorney 11\n23 Administration pendente lite and receiver 11\n24 Power to appoint administrator 11\n25 Failure of executor to prove will 12\n26 Issue of special letters of administration 12\n27 Special administrator to make certain affidavits 13\n28 On return of original executor or administrator special administration to\nbe revoked 13\n29 Accounting by special administrator 13\n30 Liability of executor or administrator neglecting to apply for revocation\nof special administration 14\n31 Revocation of grants not to prejudice actions or suits 14\n32 Discharge or removal of executors and administrators 14\n32A Revocation of grant if person living at date of grant 16\n32B Effect of revocation of grant 17\n38A Estate to vest in public trustee and guardian until grant 18\n39 Real and personal estate to vest in executor or administrator 19\n40 Real estate held in trust 19\n41 Property of deceased to be assets 20\n41A Property of deceased liable for debts 20\n41B Appointments by will under general power 21\n41C Administration of assets 21\n41D Application of income of settled residuary estate 21\n42 Real estate to be held on trusts of will 23\n43 Rights of executor in relation to real estate 23\n43A Executor of executor 24\n43B When ceases to represent deceased 25\n\nPage\ncontents 3\n43C Rights and liabilities of executor of executor 25\n44 Interpretation for pt 3A 26\n44A Whole blood or half-blood relationships 27\n45 Executor or administrator to hold property of intestate on trust for\npersons entitled 27\n45A Distribution between spouse, civil union partner or civil partner and\neligible partner 28\n46 Entitlement of children 28\n48 Estate by courtesy or right of dower not to arise 28\n49 Distribution of intestate estate 29\n49A Interest of partner on intestacy in personal chattels 30\n49AA Immovable property if intestate domiciled elsewhere 30\n49B How distribution to issue is made 31\n49BA Gifts made before death of intestate 32\n49C How distribution to next of kin is made 34\n49CA How distribution to the Territory is made 35\n49D Partial intestacies 36\n49DA Effect of disclaimer or forfeiture 37\n49E Presumptions of parentage 37\n49F Definitions for div 3A.3 38\n49G Claim by partner to dwelling house 38\n49H Valuation 39\n49J Right not exercisable for certain tenancies 40\n49K Right not exercisable in certain other cases 40\n49L Personal representative not to sell or dispose of interest without\nconsent 41\n49M Rule that trustee not to purchase trust property 41\n49N If surviving partner is under legal disability 42\n\nPage\ncontents 4 Administration and Probate Act 1929\nPart 3B Simultaneous deaths\n49P Simultaneous deaths—devolution of property generally 43\n49Q Simultaneous deaths—devolution of jointly owned property 43\n50 Powers of executors and administrators to sell, mortgage or lease real\nestate 44\n51 Supreme Court may make special order 45\n51A Supreme Court may authorise postponement of realisation and\ncarrying on of business 46\n52 Supreme Court may order partition in summary way 46\n53 Personal representative not required to continue to act against own\nconsent 47\n54 In suits executor or administrator to represent real estate 48\n55 All debts to stand in equal degree 48\n55A Interest on legacies 48\n56 Executor may sign acknowledgment instead of conveyance 49\n57 Summary application for legacy etc 49\n58 Examination and passing of accounts etc 50\n61 Supreme Court may make order about disposal of money in hands of\nexecutor etc 51\n62 Payments under revoked probates or administrations valid 51\n63 Persons etc making payments on probate granted for estate of\ndeceased person to be indemnified 51\n64 Notice before distribution of assets 52\n65 Claims barred against executor or administrator in certain cases 53\n66 Distribution of estate by executors and administrators 53\n67 Right to follow assets 54\n68 Executors may compound etc 54\n69 Every executor etc taken to be resident in ACT 55\n70 Executors etc may be allowed commission 55\nPart 3D Liability of certain persons in relation to\ndeceased estates\n74A Fraudulently obtaining or keeping property 56\n74B Persons liable for waste of deceased estate 57\n\nPage\ncontents 5\n79A Orders to collect and administer estates for pt 5 58\n79B Inclusion of orders to collect and Scottish confirmation 58\n80 Reseal of grant made in reciprocating jurisdiction 58\n80B Supreme Court may require security 59\n80C Effect of sealing 59\n87B Estates valued at $30 000 or less 61\n87C Estates valued at $150 000 or less 62\n88 Orders to public trustee and guardian to collect and administer 64\n89 Effect of order 66\n90 Grant of probate or administration despite appointment of public\ntrustee and guardian 66\n91 Cessation of rights and liabilities of public trustee and guardian 67\n92 Order to public trustee and guardian to collect and administer in\nspecial circumstances 68\n93 Notice of order to be published 69\n95 Supreme Court orders against public trustee and guardian 69\n96 Orders on complaints under s 95 70\n97 Public trustee and guardian to act as Supreme Court directs 70\n97A Public trustee and guardian may obtain directions of Supreme Court 70\n98 Proceedings for estates administered by the public trustee and\nguardian 71\n101 Accounts to be kept etc 71\n102 Receipt of public trustee and guardian sufficient discharge 71\n126 People entitled to inspect will of deceased person 72\n127 Person fraudulently disposing of will liable for damages 73\n128 Application of amendments made by Administration and Probate\n(Amendment) Act 1996 73\n129 Regulation-making power 74\n\nPage\ncontents 6 Administration and Probate Act 1929\nSchedule 4 75\nPart 4.1 Order of application of assets if estate solvent 75\nPart 4.2 Rules about payment of debts and liabilities if estate\ninsolvent 76\nSchedule 6 Distribution of intestate estate on intestacy 77\nPart 6.1 Distribution of estate if intestate survived by partner 77\nPart 6.2 Distribution of estate if intestate not survived by\npartner 79\nDictionary 80\n1 About the endnotes 83\n2 Abbreviation key 83\n3 Legislation history 84\n4 Amendment history 94\n5 Earlier republications 116\n\nAn Act relating to the administration of the estates of deceased persons\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Administration and Probate Act 1929.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":3},{"sectionNumber":"8C","sectionType":"section","heading":"Supreme Court to make finding about domicile of","content":"8C Supreme Court to make finding about domicile of\ndeceased person\nOn an application made under this Act—\n(a) for the grant of probate of the will, or administration of the\nestate, of a deceased person; or\n(b) to have probate of the will, administration of the estate, or an\norder to collect and administer the estate, of a deceased person\ngranted by a court of competent jurisdiction in a State or other\nTerritory sealed with the seal of the Supreme Court; or\n(c) by the public trustee and guardian for an order to collect and\nadminister the estate of a deceased person;\nthe Supreme Court must not grant the relief sought unless it has made\na finding about the domicile of the deceased person at the time of\ndeath.\n","sortOrder":4},{"sectionNumber":"9","sectionType":"section","heading":"Probate or administration may be granted","content":"9 Probate or administration may be granted\n(1) The Supreme Court has jurisdiction to grant probate of the will or\nadministration of the estate of any deceased person leaving property,\nwhether real or personal, within the ACT.\n(2) The Supreme Court has jurisdiction to grant probate of the will, or\nadministration of the estate, of a deceased person who did not leave\nproperty, whether real or personal, within the ACT, if the court is\nsatisfied that the grant of probate or administration is necessary.\n\n","sortOrder":5},{"sectionNumber":"9A","sectionType":"section","heading":"Evidence of death","content":"9A Evidence of death\n(1) Probate of the will, or administration of the estate, of a person may\nbe granted by the Supreme Court if it is satisfied, by direct evidence\nor by evidence supporting a presumption of death, that the person is,\nor may be presumed to be, dead.\n(2) A grant of probate of the will, or administration of the estate, of a\nperson made on direct evidence of the death of the person or on\nevidence supporting a presumption of the death of the person is valid\neven if the person is, after the day the grant was made, found to have\nbeen alive on that day.\n","sortOrder":6},{"sectionNumber":"9B","sectionType":"section","heading":"Grant on presumption of death","content":"9B Grant on presumption of death\n(1) If the Supreme Court makes a grant of probate of the will, or\nadministration of the estate, of a person on evidence supporting a\npresumption of the death of the person—\n(a) the grant must be expressed to be made on presumption of the\ndeath of the person; and\n(b) the estate of the person must not be distributed without the leave\nof the court; and\n(c) the court may, in the probate or administration or by an order\nmade at any time, give leave to distribute the estate; and\n(d) the court may, in giving leave to distribute the estate of the\nperson, direct that the distribution must not be made unless each\nperson who is to take under the distribution gives an undertaking\nor security that he or she will, if the probate or administration is\nrevoked—\n(i) if the person has received property other than money under\nthe order—restore the property or, at his or her option, pay\nan amount equal to the value of the property at the time he\nor she received the property to the person whose death was\n\npresumed or, if that person has subsequently died, to the\nadministrator of the estate of that person; or\n(ii) if the person has received money under the order—pay an\namount equal to the amount of the money received under\nthe order to the person whose death was presumed or, if\nthat person has subsequently died, to the administrator of\nthe estate of that person; and\n(e) the court may direct the executor or the administrator to give,\nbefore the estate is distributed, the notices (including a notice\nstating a date before which a caveat against the distribution of\nthe estate may be filed in the Supreme Court under the rules)\nthat the court considers appropriate.\n(2) If an executor or administrator of an estate has given the notices\ndirected by the Supreme Court under subsection (1) (e), the executor\nor administrator—\n(a) may, subject to subsection (3), after the end of the period stated\nin the notices, distribute the estate among the persons entitled to\nit, having regard only to the claims of which the executor or\nadministrator has notice at the time of the distribution; and\n(b) is not liable, in relation to any part of the estate so distributed, to\na person entitled to that part of whose claim he or she did not\nhave notice at the time of the distribution.\n(3) If a caveat against the distribution of an estate has been filed in the\nSupreme Court in accordance with a notice under subsection (1) (e)\nand the caveat is in force under the rules—\n(a) the executor or administrator must not distribute the estate\namong the persons entitled to it except under an order of the\nSupreme Court under subsection (4); and\n\n(b) the executor or administrator, the person who filed the caveat or\na person interested in the distribution of the estate may make\napplication to the Supreme Court for an order under\nsubsection (4).\n(4) Despite the filing of a caveat in the Supreme Court in accordance with\nsubsection (1) (e), the court may, on application under\nsubsection (3) (b), make an order authorising the executor or\nadministrator of an estate to distribute the estate among the people\nentitled to it.\n(5) An order under subsection (4) may authorise the distribution of the\nestate subject to the conditions the Supreme Court considers\nappropriate.\n","sortOrder":7},{"sectionNumber":"9C","sectionType":"section","heading":"Evidentiary effect of probate and letters of administration","content":"9C Evidentiary effect of probate and letters of administration\n(1) The probate of a will or letters of administration with a will annexed\nare evidence of the execution of the will.\n(2) The copy of a will annexed to a probate or to letters of administration\nis evidence of the contents of the will.\n(3) The probate of a will is evidence of the death of the testator and, if\nthe probate states the date of death of the testator, of the date of death.\n(4) Letters of administration of the estate of a deceased person are\nevidence of the death of the person and, if the letters of administration\nstate the date of death of the person, of the date of death.\nNote The Evidence Act 2011, s 92 (1) deals with the admission or use of the\ngrant of probate or letters of administration to prove the death, or date of\ndeath, of a person or the execution of a testamentary document.\n\n","sortOrder":8},{"sectionNumber":"10B","sectionType":"section","heading":"Grant to single executor reserving leave to others to","content":"10B Grant to single executor reserving leave to others to\napply\nThe Supreme Court may, if it considers appropriate, grant probate to\n1 or more of the executors named in a will reserving leave to the\nexecutor who has not renounced, or the executors who have not\nrenounced, to come in and apply for a grant of probate at a future\ntime.\n","sortOrder":9},{"sectionNumber":"10C","sectionType":"section","heading":"Grant of probate to public trustee and guardian etc","content":"10C Grant of probate to public trustee and guardian etc\nIf a deceased person has named as an executor of the person’s will\nthe public trustee and guardian, or the public trustee of a State, the\nSupreme Court may grant probate of the will to that public trustee.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Practice about granting administration of real and","content":"11 Practice about granting administration of real and\npersonal estate\nSubject to this Act and the rules, the practice and procedure in relation\nto the granting of administration of the personal estate of an intestate\nare applicable so far as may be, to administration of real estate, and\nadministration of both real and personal estate may be granted in and\nby the same letters.\n12 Eligible administrators\n(1) The Supreme Court may grant administration of an intestate estate to\nany of the following persons, subject to this section:\n(a) the partner of the intestate;\n(b) 1 or more of the next of kin of the intestate;\n\n(c) if the intestate is survived by 2 partners—either partner, or both\npartners conjointly;\n(d) a partner or partners of the intestate conjointly with 1 or more of\nthe next of kin of the intestate;\n(e) any other person (whether or not a creditor of the intestate) the\ncourt considers appropriate.\n(2) The Supreme Court must only grant administration of an intestate\nestate to a person who is at least 18 years old.\n(3) The Supreme Court must not grant administration of an intestate\nestate to a person mentioned in subsection (1) (e) if there is anyone\nelse to whom administration may be granted under this section who—\n(a) in the court’s opinion, can be trusted with administration of the\nestate; and\n(b) applies to be granted administration of the estate.\n(4) In this section:\npartner, in relation to an intestate—see section 44.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Rights and duties of administrator","content":"13 Rights and duties of administrator\nA person to whom administration of the estate of a deceased person\nis granted—\n(a) has, subject to any limitations in the grant, the same rights and\nliabilities as the person would have if the person were the\nexecutor of the deceased person; and\n\n(b) is accountable in the same way as the person would be\naccountable if the person were the executor of the deceased\nNote This section was relocated from the Imperial Acts (Substituted\nProvisions) Act 1986, sch 2, pt 4 (for the effect of a relocation, see\nLegislation Act 2001, s 96). The 1986 Act substituted provisions for\ncertain UK Acts that applied (or may have applied) in the ACT and\nrepealed those Acts. The provisions of sch 2, pt 4 were substituted for 31\nEdw. 3, St. 1, c 11 (1357) and 1 Jas. 2 c 17, s 6 (1685). The 1986 Act,\ns 4 (1) provided, in effect, that the rules of law about the interpretation of\nconsolidating Acts apply to the interpretation of the provisions of a law\nset out in sch 2. These rules of law continue to apply to this section (see\nLegislation Act 2001, s 96 (3)).\n","sortOrder":12},{"sectionNumber":"20","sectionType":"section","heading":"Renunciation or non-appearance by executor","content":"20 Renunciation or non-appearance by executor\n(a) the person appointed executor by a will renounces probate of the\nwill; or\n(b) the person appointed executor by a will survives the testator but\ndies without having taken out probate of the will; or\n(c) an application is made in the Supreme Court under section 25\n(Failure of executor to prove will) in relation to the person\nappointed executor by a will and the person does not file in the\ncourt a notice of intention to respond or defence within the time\nrequired by the rules.\n(2) The person’s rights as executor of the will cease, and the\nrepresentation of the testator and the administration of the testator’s\nestate are taken, without further renunciation, to devolve as if the\nperson had not been appointed executor.\n\n","sortOrder":13},{"sectionNumber":"20A","sectionType":"section","heading":"Renunciation etc by person appointed both executor and","content":"20A Renunciation etc by person appointed both executor and\ntrustee of will\n(1) If section 20 (1) (a) or (c) applies to a person who is appointed by a\nwill both executor and trustee, the person is taken to have disclaimed\nthe trust contained in the will.\n(2) If—\n(a) section 20 (1) (a), (b) or (c) applies to a person who is appointed\nby a will both executor and trustee, and administration with the\nwill annexed is granted to a trustee company; or\n(b) a person appointed by a will both executor and trustee authorises\na trustee company to apply for administration with the will\nannexed, and administration with the will annexed is granted to\nthe trustee company;\nthe trustee company is taken, because of the grant of administration\nand without any further appointment, to be appointed trustee of the\nwill in the person’s place.\ntrustee company—see the Trustee Companies Act 1947, dictionary.\n","sortOrder":14},{"sectionNumber":"21","sectionType":"section","heading":"Administration to guardian of child sole executor","content":"21 Administration to guardian of child sole executor\n(1) If a child is sole executor, administration with the will annexed may\nbe granted to—\n(a) the guardian of the child; or\n(b) any other person the Supreme Court considers appropriate;\nuntil the child is 18 years old, with full or limited powers to act in the\npremises until probate has been granted to the executor or\nadministration has been granted to some other person.\n\n(2) The person to whom that administration is granted has the same\npowers as an administrator under an administration granted during\nthe minority of the child.\n","sortOrder":15},{"sectionNumber":"22","sectionType":"section","heading":"Administration under power of attorney","content":"22 Administration under power of attorney\n(1) If a person entitled to probate or administration of a deceased estate\nis out of the jurisdiction, and has appointed a person within the\njurisdiction under a power of attorney to exercise that entitlement, the\nSupreme Court may grant administration to the attorney on behalf of\nthe entitled person on the terms the court considers appropriate.\n(2) The grant of administration under subsection (1) continues in force\ndespite the death of the donor of the power of attorney, subject to the\nterms of the grant.\n","sortOrder":16},{"sectionNumber":"23","sectionType":"section","heading":"Administration pendente lite and receiver","content":"23 Administration pendente lite and receiver\n(1) The Supreme Court may—\n(a) pending any suit touching the validity of the will of any deceased\nperson, or for obtaining recalling, or revoking any probate or any\ngrant of administration; or\n(b) during a contested right of administration;\nappoint an administrator of the personal estate and the same or any\nother person to be receiver of the real estate of any deceased person,\nwith the full or limited powers that the court considers appropriate.\n(2) The Supreme Court may make the orders for the remuneration of the\nadministrator or receiver out of the personal and real estate of the\ndeceased person it considers right.\n","sortOrder":17},{"sectionNumber":"24","sectionType":"section","heading":"Power to appoint administrator","content":"24 Power to appoint administrator\nThe Supreme Court may, if a person dies—\n(a) intestate; or\n(b) leaving a will, but without having appointed an executor; or\n\n(c) leaving a will and having appointed an executor, who—\n(i) is not willing and competent to take probate; or\n(ii) is resident out of the ACT;\nif it considers it necessary or convenient, appoint some person to be\nthe administrator of the estate of the deceased person or of any part\nof the estate, on giving the security (if any) that the court directs, and\nmay limit the administration as the court considers appropriate.\n","sortOrder":18},{"sectionNumber":"25","sectionType":"section","heading":"Failure of executor to prove will","content":"25 Failure of executor to prove will\n(1) This section applies if the person named as executor in a will—\n(a) fails to prove the will or renounce probate within 6 months after\nthe later of the following:\n(i) the date of the testator’s death;\n(ii) the date the executor turns 18 years old; or\n(b) is unknown or cannot be found.\n(2) The Supreme Court may, on application under the rules, make an\norder for administration of the estate, and any other orders, the court\nconsiders appropriate.\n","sortOrder":19},{"sectionNumber":"26","sectionType":"section","heading":"Issue of special letters of administration","content":"26 Issue of special letters of administration\nIf, at the end of 6 months from the death of any person, the executor\nto whom probate has been granted or the administrator is then\nresiding out of the jurisdiction, the Supreme Court may, on the\napplication of any creditor, legatee, or next of kin, grant to the\ncreditor, legatee or next of kin so applying special letters of\nadministration of the estate of the deceased person, nevertheless to\ncease on an order being made for the revocation of the grant of the\nspecial letters of administration as mentioned in section 29.\n\n","sortOrder":20},{"sectionNumber":"27","sectionType":"section","heading":"Special administrator to make certain affidavits","content":"27 Special administrator to make certain affidavits\nThe person applying for grant of special letters of administration\nmust, in addition to the oath usually taken by administrators, satisfy\nthe Supreme Court by affidavit that the executor or administrator of\nthe estate of the deceased person is resident out of the jurisdiction,\nand that—\n(a) the applicant is thereby delayed in recovering or obtaining\npayment of money or the possession of goods and chattels, or\nreal estate, to which he or she is by law entitled; or\n(b) the estate is liable to loss or waste.\n","sortOrder":21},{"sectionNumber":"28","sectionType":"section","heading":"On return of original executor or administrator special","content":"28 On return of original executor or administrator special\nadministration to be revoked\n(1) On the return within the jurisdiction of the executor to whom probate\nhas originally been granted, or the administrator, the executor or\nadministrator may apply to the Supreme Court to revoke the special\ngrant of administration.\n(2) The Supreme Court, on the hearing of the application, may make an\norder to revoke the special grant of administration on the terms and\nconditions about security, costs, or otherwise that the court appear\nreasonable, and the original probate or administration are and remain\nas valid and effectual as if the special grant of administration had not\nbeen made.\n","sortOrder":22},{"sectionNumber":"29","sectionType":"section","heading":"Accounting by special administrator","content":"29 Accounting by special administrator\nOn any order being made by the Supreme Court for the revocation of\nany grant of special administration the special administrator is bound\nduly to account to the original executor or administrator, and to pay\nover any money received by him or her as special administrator that\nis undisposed of as the court may order.\n\n","sortOrder":23},{"sectionNumber":"30","sectionType":"section","heading":"Liability of executor or administrator neglecting to apply","content":"30 Liability of executor or administrator neglecting to apply\nfor revocation of special administration\nIf the executor or administrator neglects to apply for an order for the\nrevocation of the special administration, he or she is, even though the\nspecial administration remains unrevoked, liable to answer and make\ngood all claims and demands against the estate of the deceased person\nto the extent of the assets that have come to his or her hands or that\nmight have come to his or her hands apart from his or her wilful\nneglect, or default, including the neglect mentioned in this section.\n","sortOrder":24},{"sectionNumber":"31","sectionType":"section","heading":"Revocation of grants not to prejudice actions or suits","content":"31 Revocation of grants not to prejudice actions or suits\nIf, while any legal proceeding is pending in any court by or against\nany executor or administrator lawfully acting as such, the grant of\nprobate or administration is revoked, that court may order that the\nproceeding be continued by or against the new personal\nrepresentative in like way, as if the proceeding had been originally\nbegun by or against the new representative, but subject to the\nconditions and variations (if any) as that court directs.\n","sortOrder":25},{"sectionNumber":"32","sectionType":"section","heading":"Discharge or removal of executors and administrators","content":"32 Discharge or removal of executors and administrators\n(1) In this section:\nadministrator includes an administrator appointed under this section.\nNote Administrator includes any person to whom administration is granted\n(see dict).\nexecutor means an executor who has been granted representation.\n(2) This section applies if an executor or administrator—\n(a) remains out of the ACT for more than 2 years; or\n(b) wants to be discharged from the office of executor or\nadministrator; or\n\n(c) after the grant of representation or appointment—\n(i) refuses to act in the office; or\n(ii) is unfit to act in the office; or\n(iii) is incapable of acting in the office.\n(3) The Supreme Court may order, on the terms and conditions it\nconsiders appropriate—\n(a) the discharge or removal of the executor or administrator (the\nold executor or administrator); and\n(b) the appointment of someone else as administrator (the new\nadministrator) in place of the old executor or administrator.\n(4) For subsection (3), the Supreme Court may make—\n(a) orders for vesting the estate in the new administrator; or\n(b) orders about accounts; or\n(c) any order about costs.\n(5) The old executor or administrator is not liable for an act done or\nomission made after the date of the order.\n(6) On appointment of a new administrator—\n(a) the property and rights of the estate vested in the old executor or\nadministrator vest in the new administrator; and\n(b) the liabilities properly incurred in the administration of the\nestate by the old executor or administrator vest in the new\nadministrator; and\n(c) the new administrator has the same functions as if probate of the\nestate had originally been granted to the new administrator.\n(7) If the Supreme Court considers it necessary, notice of an application\nfor the discharge or removal of the old executor or administrator may\nbe served on anyone the Supreme Court directs.\n\n","sortOrder":26},{"sectionNumber":"32A","sectionType":"section","heading":"Revocation of grant if person living at date of grant","content":"32A Revocation of grant if person living at date of grant\n(1) If the Supreme Court is satisfied that a person was living at the time\nwhen probate of his or her will, or administration of his or her estate,\nwas granted by the court, the court—\n(a) must revoke the grant on the terms (if any) the court considers\nappropriate in relation to proceedings that have been begun by\nor against the executor or administrator or in relation to costs or\nany other matter; and\n(b) may at any time, whether before or after the revocation of the\ngrant, make the orders the court considers appropriate for the\nprotection of the estate, including an order for an injunction\nagainst the executor or administrator or another person and an\norder for the appointment of a receiver.\n(2) An application to the Supreme Court for the revocation, under\nsubsection (1), of a grant of probate of the will, or administration of\nthe estate, of a person may be made—\n(a) by the person; or\n(b) if the person has died since the grant—by any person entitled to\napply for a grant of probate of the will, or administration of the\nestate, of the person or by a person interested in the estate of the\n\n","sortOrder":27},{"sectionNumber":"32B","sectionType":"section","heading":"Effect of revocation of grant","content":"32B Effect of revocation of grant\n(1) If a grant of probate or administration has been revoked under this\nAct—\n(a) the executor or administrator to whom the grant was made must\naccount to the Supreme Court for the property that he or she has\nreceived, or that has vested in him or her, as the executor or\nadministrator, and the court may make the orders it considers\nappropriate in relation to the disposal by the executor or\nadministrator of so much of that property as remains in his or\nher hands; and\n(b) the executor or administrator is not liable in relation to property\nthat he or she has disposed of under the grant in good faith before\nthe revocation of the grant if he or she complied with section 9B\nin relation to the disposing of that property; and\n(c) the revocation of the grant does not, of its own force, invalidate\na disposal of property made by, or to, the executor or\nadministrator before the revocation of the grant; and\n(d) a person entitled to any property that has been distributed by the\nexecutor or administrator to whom the grant was made may\napply to the court for an order under subsection (2); and\n(e) an action does not lie against the registrar-general for loss\nsuffered by any person in consequence of the registration of a\ndealing with land under the Land Titles Act 1925, being a\ndealing lawfully made by the executor or administrator before\nthe revocation of the grant; and\n(f) the court may make the vesting orders it considers appropriate.\n\n(2) If the Supreme Court, on application made under subsection (1) (d)\nin relation to property, is satisfied that the applicant is the person\nentitled to the property and that the respondent to the application is\nthe appropriate person in relation to the property, the court may make\nan order directing the respondent—\n(a) if the respondent is in possession of the property—to return the\nproperty to the applicant or pay to the applicant the sum the court\nconsiders reasonable in the circumstances; or\n(b) in any other case—to pay to the applicant the sum the court\nconsiders reasonable in the circumstances.\n(3) For this section, the appropriate person, in relation to property\ndistributed under a probate or administration that has been revoked,\nis—\n(a) if the person to whom the property was so distributed is alive—\nthat person; or\n(b) if the person to whom the property was so distributed is dead—\nthe executor of the will or administrator of the will or estate of\nthat person or a person who has benefited as a result of the\nproperty having been distributed to that person.\n(4) This section does not affect any entitlement of an executor or\nadministrator to commission, or to any protection, indemnity,\nreimbursement or right under any other section of this Act.\n","sortOrder":28},{"sectionNumber":"38A","sectionType":"section","heading":"Estate to vest in public trustee and guardian until grant","content":"38A Estate to vest in public trustee and guardian until grant\n(a) a person dies; and\n(b) representation has not been granted.\n\n(2) The person’s real and personal estate vests in the public trustee and\nguardian.\n(3) The public trustee and guardian may undertake the administration of\nthe person’s estate while the person’s property is vested in the public\ntrustee and guardian.\n(4) However, subsection (3) does not require the public trustee and\nguardian—\n(a) to administer the estate; or\n(b) act as trustee of any trust created by the person’s will; or\n(c) exercise any discretion, power or authority of a personal\nrepresentative, trustee or devisee.\n","sortOrder":29},{"sectionNumber":"39","sectionType":"section","heading":"Real and personal estate to vest in executor or","content":"39 Real and personal estate to vest in executor or\nadministrator\nOn the grant of representation of the estate of any deceased person,\nall real and personal estate of which the person dies seised or\npossessed of, or entitled to, in the ACT, and that is unadministered at\nthe date of the grant, passes to and becomes vested in the executor to\nwhom probate has been granted or the administrator for all his or her\nestate and interest therein in the following way:\n(a) on testacy in the executor or administrator with the will annexed;\n(b) on intestacy in the administrator;\n(c) on partial intestacy in the executor or administrator with the will\nannexed.\n","sortOrder":30},{"sectionNumber":"40","sectionType":"section","heading":"Real estate held in trust","content":"40 Real estate held in trust\nAll real estate held by any person in trust or by way of mortgage, and\nvesting under section 39, vests in his or her executor or administrator,\nsubject to the trusts and equities affecting the estate.\n\n","sortOrder":31},{"sectionNumber":"41","sectionType":"section","heading":"Property of deceased to be assets","content":"41 Property of deceased to be assets\n(1) The real, as well as the personal, estate of every deceased person are\nassets in the hands of his or her executor to whom probate has been\ngranted, or his or her administrator, for the payment of all duties and\nfees, and for the payment of his or her debts in the ordinary course of\nadministration.\n(2) The executor or administrator for purposes of administration, may,\nsubject to sections 50 and 51, sell that real estate, or mortgage it with\nor without a power of sale, and convey it to a purchaser or mortgagee\nin as full and effectual a way in law as the deceased person could have\ndone in his or her lifetime.\n","sortOrder":32},{"sectionNumber":"41A","sectionType":"section","heading":"Property of deceased liable for debts","content":"41A Property of deceased liable for debts\n(1) The following are assets for the payment of the funeral, testamentary\nand administrative expenses and the debts and other liabilities of a\ndeceased person:\n(a) the real and personal property of the person, to the extent of the\nperson’s beneficial interest in it;\n(b) any real and personal property disposed of by the person’s will\nin exercise of a general power.\n(2) If a person—\n(a) on whom a beneficial interest in any property referred to in\nsubsection (1) devolves; or\n(b) to whom such an interest is given; or\n(c) in whom such an interest vests;\ndisposes of the interest or of a part of the interest in good faith before\na proceeding is taken or process is sued out against him or her, the\nperson is personally liable for the value of the interest or part so\ndisposed of, but the interest or part is not liable to be taken in\nexecution in the proceeding or under the process.\n\n","sortOrder":33},{"sectionNumber":"41B","sectionType":"section","heading":"Appointments by will under general power","content":"41B Appointments by will under general power\nIf a provision contained in the will of a deceased person operates as\nan appointment under a general power to appoint by will, the\nproperty, whether real or personal, that passes because of the\nprovision vests in the executor or administrator as if the testator had\nbeen entitled to the property at his or her death, whether or not he or\nshe was so entitled for an estate or interest determining on his or her\ndeath or for any other estate or interest.\n","sortOrder":34},{"sectionNumber":"41C","sectionType":"section","heading":"Administration of assets","content":"41C Administration of assets\n(1) If the estate of a deceased person is sufficient for the payment in full\nof all the expenses, debts and liabilities payable from the estate, the\nperson’s real and personal property is, subject to the provisions of the\nperson’s will (if any) and to any law in force in the ACT about charges\non property, applicable in the order set out in schedule 4, part 4.1 for\nthe payment of the expenses, debts and liabilities payable from the\n(2) If the estate of a deceased person is insufficient for the payment in\nfull of all the expenses, debts and liabilities payable from the estate,\nthe person’s real and personal property must, subject to the\nBankruptcy Act 1966 (Cwlth), be administered in accordance with the\nrules set out in schedule 4, part 4.2.\n","sortOrder":35},{"sectionNumber":"41D","sectionType":"section","heading":"Application of income of settled residuary estate","content":"41D Application of income of settled residuary estate\n(1) If a deceased person leaves a will containing a residuary gift because\nof which real or personal property is settled by way of succession,\nthis section applies to and in relation to the income derived from that\nproperty.\n(2) The income to which this section applies is not applicable in payment\nof—\n(a) the funeral, testamentary or administrative expenses payable\nfrom the estate of the person; or\n\n(b) the debts or liabilities of the person; or\n(c) any interest that accrued on any such debts or liabilities before\nthe death of the person; or\n(d) any legacies bequeathed by the will of the person.\n(3) The income to which this section applies is applicable in payment of\nthe interest (if any) that accrues—\n(a) on the funeral, testamentary or administrative expenses payable\nfrom the estate of the person; or\n(b) after the death of the person, on the debts or liabilities of the\nperson; or\n(c) on any legacies bequeathed by the will of the person;\nbefore payment, and the income is so applicable in priority to any\nother assets in the estate of the person.\n(4) Subject to subsection (3), the income to which this section applies is\npayable to the person for the time being entitled to the income from\nthe settled property.\n(5) If, in the final adjustment of the estate of a deceased person among\nthe persons entitled to share in the distribution of the estate—\n(a) property (other than property referred to in subsection (1)) is\ntreated as if it had been used in the proper order in payment of\nthe funeral, testamentary and administrative expenses, the debts\nand the liabilities of the estate or of any legacies bequeathed by\nthe will of the deceased person although it was not in fact so\nused; and\n(b) income was earned by that property after the death of the person\nbut before the property was so used or was treated as having\nbeen so used;\nthat income is, for this section, taken to be income to which this\nsection applies.\n\n(6) This section—\n(a) does not affect the rights of a creditor of the estate; and\n(b) applies subject to the provisions of the will of the deceased\nperson and of any law in force in the ACT in relation to charges\non the property of a deceased person.\n","sortOrder":36},{"sectionNumber":"42","sectionType":"section","heading":"Real estate to be held on trusts of will","content":"42 Real estate to be held on trusts of will\nSubject to this part, the real estate of every deceased person devising\nthat estate by will must be held by the executor to whom probate has\nbeen granted, or the administrator with the will annexed, according to\nthe trusts and dispositions of the will.\n","sortOrder":37},{"sectionNumber":"43","sectionType":"section","heading":"Rights of executor in relation to real estate","content":"43 Rights of executor in relation to real estate\nThe executor to whom probate has been granted has the same rights,\nand is subject to the same duties, in relation to the real estate of the\ntestator, as executors had or were subject to in relation to personal\nassets under the law in force in New South Wales as in force\nimmediately before 21 October 1929.\n\nNote The provisions of this division were relocated from the Imperial Acts\n(Substituted Provisions) Act 1986, sch 2, pt 3 (for the effect of a\nrelocation, see Legislation Act 2001, s 96). The 1986 Act substituted\nprovisions for certain UK Acts that applied (or may have applied) in the\nACT and repealed those Acts. The provisions of sch 2, pt 3 were\nsubstituted for 25 Edw. 3, St. 5, c 5 (1351). The 1986 Act, s 4 (1)\nprovided, in effect, that the rules of law about the interpretation of\nconsolidating Acts apply to the interpretation of the provisions of a law\nset out in sch 2. These rules of law continue to apply to this division (see\nLegislation Act 2001, s 96 (3)).\n","sortOrder":38},{"sectionNumber":"43A","sectionType":"section","heading":"Executor of executor","content":"43A Executor of executor\nIf—\n(a) probate of the will of a testator has been granted to a person (in\nthis division called the original executor) as the sole executor,\nor as 1 of the executors, of the will of the testator; and\n(b) the original executor was, immediately before his or her death,\nthe sole, or the last surviving, executor of the will of the testator;\nand\n(c) probate of the will of the original executor is granted to the\nexecutor, or 1 of the executors, (the succeeding executor) of the\nwill of the original executor;\nthe succeeding executor becomes, on the grant of probate of the will\nof the original executor—\n(d) the executor of the will of the testator; and\n(e) the executor of the will of any other testator of whose will the\ntestator was, immediately before his or her death, the executor\nunder the application, or successive applications, of this section.\n\nPosition of executor of an executor Division 3.4\n","sortOrder":39},{"sectionNumber":"43B","sectionType":"section","heading":"When ceases to represent deceased","content":"43B When ceases to represent deceased\nIf, after a person has become the executor of the will of a testator\nunder the application, or of successive applications, of section 43A,\nanother person who was appointed an executor of the will of that\ntestator is granted probate of that will, the firstmentioned person\nceases, on the grant of that probate, to be the executor of the will of\nthat testator.\n","sortOrder":40},{"sectionNumber":"43C","sectionType":"section","heading":"Rights and liabilities of executor of executor","content":"43C Rights and liabilities of executor of executor\nWhile a person who has become the executor of the will of a testator\nunder the application, or of successive applications, of section 43A,\ncontinues to be the executor of the will of the testator—\n(a) the person has the same rights in relation to the estate of that\ntestator as the original executor, or the original executors, would\nhave if living; and\n(b) the person is, to the extent to which the estate of the testator has\ncome to his or her hands, answerable as if the person were the\noriginal executor, or 1 of the original executors of the will of the\ntestator.\n\n","sortOrder":41},{"sectionNumber":"44","sectionType":"section","heading":"Interpretation for pt 3A","content":"44 Interpretation for pt 3A\nIn this part:\neligible partner, of an intestate, means someone, other than the\nspouse, civil union partner or civil partner of the intestate, who—\n(a) was the intestate’s domestic partner when the intestate died; and\n(b) either—\n(i) had been the intestate’s domestic partner continuously for\n2 or more years when the intestate died; or\n(ii) is the parent of the intestate’s child, if the child was under\n18 years old when the intestate died.\nNote For the meaning of domestic partner, see Legislation Act, s 169.\nintestate means a person who dies on or after 1 July 1967 and either\ndoes not leave a will or leaves a will but does not dispose effectively,\nby the will, of the whole or part of his or her real or personal property.\nintestate estate, in relation to an intestate, means—\n(a) for an intestate who leaves a will—the real and personal\nproperty of the intestate that is not effectively disposed of by the\nwill; or\n(b) in any other case—the real and personal property of the\npartner—an intestate’s partner is either of the following:\n(a) the spouse, civil union partner or civil partner of the intestate\nwhen the intestate died;\n(b) the eligible partner of the intestate.\n\npersonal chattels, in relation to an intestate, means the tangible\npersonal property of the intestate, other than the following:\n(a) property used exclusively for a business purpose;\n(b) banknotes or coins, unless they are part of a collection made in\npursuit of a hobby or another non-commercial purpose;\n(c) property held as a security;\n(d) property in which the intestate invested as a hedge against\ninflation or adverse currency movements, such as gold bullion\nor uncut diamonds;\n(e) an interest in land.\npersonal representative, in relation to an intestate, means the\nexecutor of the will, or the administrator of the estate, of the intestate.\n","sortOrder":42},{"sectionNumber":"44A","sectionType":"section","heading":"Whole blood or half-blood relationships","content":"44A Whole blood or half-blood relationships\nFor this division, a relationship may be of the whole blood or the half-\nblood.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Executor or administrator to hold property of intestate on","content":"45 Executor or administrator to hold property of intestate on\ntrust for persons entitled\nThe personal representative of an intestate holds, subject to his or her\nrights, powers and duties for the purposes of administration, the\nintestate estate on trust for the persons entitled to it in accordance with\nthis division.\n\n","sortOrder":44},{"sectionNumber":"45A","sectionType":"section","heading":"Distribution between spouse, civil union partner or civil","content":"45A Distribution between spouse, civil union partner or civil\npartner and eligible partner\n(1) If an intestate is survived by both a spouse, civil union partner or civil\npartner and an eligible partner, the entitlement of each to the\npartnership share of the intestate estate must be worked out as\nfollows:\n(a) if the eligible partner and the intestate had been domestic\npartners continuously for less than 5 years when the intestate\ndied—the partnership share of the intestate estate must be\ndistributed equally between the spouse, civil union partner or\ncivil partner and the eligible partner;\n(b) if the eligible partner and the intestate had been domestic\npartners continuously for 5 years or more when the intestate\ndied—the eligible partner is exclusively entitled to the\npartnership share.\n(2) In this section:\npartnership share, in relation to an intestate, means the share of the\nestate to which the intestate’s partner is entitled under this division.\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Entitlement of children","content":"46 Entitlement of children\n(1) This section applies to a person entitled under this division to the\nwhole of, or a share in, an intestate estate (the relevant interest) who,\nat the time of the death of the intestate, is a child.\n(2) The child is entitled to take the relevant interest in the estate\nimmediately.\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Estate by courtesy or right of dower not to arise","content":"48 Estate by courtesy or right of dower not to arise\nAn estate by courtesy or right of dower or an equivalent estate does\nnot arise out of the real property in relation to which a person dies\n\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Distribution of intestate estate","content":"49 Distribution of intestate estate\n(1) The person or persons entitled to take an interest in an intestate estate,\nand the interest in that estate that that person or those persons are\nentitled to take must, subject to this division, be ascertained by\nreference to schedule 6 according to the facts and circumstances\nexisting in relation to the intestate.\n(2) If an intestate is survived by his or her partner, the intestate estate is\ntaken, for schedule 6 and subsection (3), not to include any personal\nchattels of the intestate.\n(3) For schedule 6, the value of an intestate estate must be ascertained by\ndeducting from the gross value of that intestate estate an amount equal\nto such of the debts and liabilities of the estate, the funeral and\ntestamentary expenses, the costs and expenses of administering the\nestate and the estate duties, probate duties and death duties payable in\nrelation to the estate as are payable out of that intestate estate.\n(4) If an item of schedule 6 provides for the payment of a sum and interest\non that sum out of an intestate estate and then provides for the\npayment of an additional sum equal to a particular proportion of the\nvalue of the balance of the intestate estate, the value of the balance of\nthe intestate estate must be ascertained for that item by ascertaining\nthe value of the intestate estate in the way provided by subsection (3)\nand deducting from that value the firstmentioned sum and the interest\npayable on that sum.\n(5) For schedule 6—\n(a) the brothers and sisters of an intestate; and\n(b) the grandparents of an intestate; and\n(c) the brothers and sisters of a parent of an intestate; and\n(d) the issue of any of those brothers or sisters who predeceased the\nintestate;\nare the next of kin of the intestate.\n\n","sortOrder":48},{"sectionNumber":"49A","sectionType":"section","heading":"Interest of partner on intestacy in personal chattels","content":"49A Interest of partner on intestacy in personal chattels\nIf an intestate is survived by his or her partner, the partner is entitled\nto take, absolutely, any personal chattels of the intestate that are not\neffectively disposed of by the will (if any) of the intestate.\n49AA Immovable property if intestate domiciled elsewhere\n(1) If—\n(a) an intestate was, at the time of death, domiciled in the ACT; and\n(b) immovable property situated in a place outside the ACT forms\npart of the intestate estate; and\n(c) the intestate is survived both by a partner and by issue; and\n(d) the partner is, under a law of that place, entitled to part or all of\nthat property, or to a sum of money calculated by reference to\nthe value of part or all of that property;\nthe property or part of the property, or the sum of money, to which,\nunder that law, the partner is entitled, is taken to form part of the\nintestate estate for section 49 (3).\n(2) Subject to subsection (4), if—\n(a) an intestate was, at the time of death, domiciled outside the\nACT; and\n(b) the intestate is survived both by a partner and by issue; and\n(c) immovable property situated in the ACT forms part of the\nintestate estate; and\n\n(d) the partner is, under a law of a place outside the ACT, entitled\nto all or part of any other property (other than personal chattels)\nthat forms part of the intestate estate, or to a sum of money\ncalculated by reference to the value of all or part of that other\nproperty;\nthe property or part of the property, or the sum of money, to which,\nunder that law, the partner is entitled, is taken to form part of the\nintestate estate for section 49 (3).\n(3) If property or a sum of money is, under subsection (1) or (2), taken to\nform part of the intestate estate of an intestate, schedule 6, part 6.1,\nitem 2 applies as if the references in that item to $200 000 were\nreferences to the sum ascertained by deducting from $200 000 an\namount equal to the value of that property, or to that sum of money.\n(4) Subsection (2) does not apply in relation to an intestate estate if the\npartner’s share in that part of the estate that devolves in accordance\nwith the law of the place where the intestate was domiciled would,\nunder that law, be reduced by an amount calculated by reference to\nthe value of part or all of the immovable property referred to in\nsubsection (2) (c).\n","sortOrder":49},{"sectionNumber":"49B","sectionType":"section","heading":"How distribution to issue is made","content":"49B How distribution to issue is made\n(1) If an intestate is survived by issue who are entitled to the whole or a\npart of the intestate estate—\n(a) if only 1 child of the intestate survives the intestate—that person\nis entitled to the whole, or that part, of the intestate estate; or\n(b) if the intestate is survived by the issue of his or her child or 1 of\nhis or her children but by no other issue—those issue are entitled\nto the whole, or that part, of the intestate estate through all\ndegrees according to their stocks, and, if there are more than\n1 issue, in equal shares; or\n\n(c) in any other case—the whole or that part of the intestate estate\nmust be divided into a number of parts ascertained in accordance\nwith subsection (2) and—\n(i) any child of the intestate who survived the intestate is\nentitled to 1 of those parts; and\n(ii) the issue of any child of the intestate who died before the\nintestate leaving issue who survived the intestate are\nentitled to 1 of those parts through all degrees, according\nto their stocks, and, if there are more than 1 issue, in equal\nshares.\n(2) The number of parts for subsection (1) (c) is a number equal to the\nsum of—\n(a) a number equal to the number of children (if any) of the intestate\nwho survived the intestate; and\n(b) a number equal to the number of children (if any) of the intestate\nwho died before the intestate leaving a child or remoter issue\nwho survived the intestate.\n49BA Gifts made before death of intestate\n(1) If—\n(a) an intestate has, within the period of 5 years immediately before\ndeath, given any money or property to or for the benefit of a\nperson who is, under this division, entitled to a share in the\nintestate estate, or to or for the benefit of an unentitled partner\nof such a person; and\n\n(b) the intestate estate, or a part of the intestate estate, is divisible\nbetween that person, or the issue of that person, and another\nperson or persons entitled under this division to a share in the\nintestate estate;\nthe money or property is taken to have been given in or towards\nsatisfaction of the share that the person will become entitled to take,\nor would have become entitled to take if he or she had survived the\nintestate in the intestate estate or the part of the intestate estate\nunless—\n(c) the contrary intention appears from the circumstances of the\nparticular case; or\n(d) the value, as at the date of death of the intestate, ascertained in\naccordance with the requirements of the personal representative\nof the intestate, of all the money or property or of so much of\nthe money or property in relation to which such a contrary\nintention did not appear, does not exceed $10 000.\n(2) If, under subsection (1), any money or property is taken to have been\ngiven in or towards satisfaction of the share of a person referred to in\nsubsection (1), the money or property must be brought into account\nat a valuation, as at the date of death of the intestate, in accordance\nwith the requirements of the personal representative of the intestate,\nin calculating the share that the person or the person’s issue is, under\nthis division, entitled to take in the intestate estate or a part of the\n(3) This section does not apply in relation to money or property given to\nor for the benefit of the intestate’s partner.\n(4) If an intestate has made a gift to which this section applies, the\nunentitled partner of a person entitled to a share in the intestate’s\nestate is, for subsection (1), someone who—\n(a) is not entitled to a share in the intestate’s estate; and\n\n(b) was the domestic partner of the entitled person at the time of the\ngift; and\n(c) either—\n(i) was the entitled person’s spouse, civil union partner or civil\npartner at that time; or\n(ii) had been the entitled person’s domestic partner\ncontinuously for 2 or more years at that time; or\n(iii) was at that time the parent of a child of the entitled person,\nif the child was less than 18 years old at that time.\nNote For the meaning of domestic partner, see Legislation Act, s 169.\n(5) In this section:\ngiven, in relation to money or property, means money or property\npaid, transferred, assigned or settled (otherwise than for valuable\nconsideration).\n","sortOrder":50},{"sectionNumber":"49C","sectionType":"section","heading":"How distribution to next of kin is made","content":"49C How distribution to next of kin is made\n(1) If, under this Act, the next of kin of an intestate are entitled to the\nintestate estate, the persons entitled to that intestate estate must be\nascertained as follows:\n(a) the brothers and sisters of the intestate who survived the\nintestate, and the issue of a brother or sister of the intestate who\ndied before the intestate, being issue who survived the intestate,\nare entitled to the intestate estate;\n(b) if the intestate is not survived by any persons entitled to the\nintestate estate under paragraph (a) but is survived by 1 or more\ngrandparents—the grandparent is entitled to the intestate estate\nor the grandparents are entitled to the intestate estate in equal\nshares;\n\n(c) if the intestate is not survived by any persons entitled to the\nintestate estate under paragraph (a) or (b)—the uncles and aunts\nof the intestate who survived the intestate and the issue of such\nan uncle or aunt who died before the intestate, being issue who\nsurvived the intestate, are entitled to the intestate estate.\n(2) An intestate estate must be divided among the brothers and sisters or\nthe uncles and aunts of the intestate, and the issue of those brothers\nor sisters, or uncles or aunts, who died before the intestate, in the same\nway as the intestate estate would have been divided among those\npersons if the brothers and sisters or the uncles and aunts had been\nchildren of the intestate and the issue of a brother, sister, uncle or aunt\nwho died before the intestate had been issue of a child of the intestate\nwho died before the intestate.\n49CA How distribution to the Territory is made\nIf, under this Act, the Territory is entitled to an intestate estate, the\npublic trustee and guardian—\n(a) must hold the intestate estate on trust for the Territory; and\n(b) at the end of 6 years from the date of death of the intestate—\n(i) in relation to so much of the estate as is not money—must\nsell the estate and, after deducting from the proceeds of the\nsale all costs and charges lawfully due to the public trustee\nand guardian or any other person, pay the balance of the\nproceeds to the Territory; or\n(ii) in relation to so much of the estate as is money—must, after\ndeducting all costs and charges lawfully due to the public\ntrustee and guardian or any other person, pay the balance\nof the money to the Territory.\n\n","sortOrder":51},{"sectionNumber":"49D","sectionType":"section","heading":"Partial intestacies","content":"49D Partial intestacies\n(1) If the partner of an intestate acquires a beneficial interest under the\nwill of the intestate in the real or personal property of the intestate\n(other than in the personal chattels of the intestate), schedule 6 applies\nonly to the extent it is expressed to apply under this section but the\nperson or persons entitled to take an interest in the intestate estate,\nand the interest in that estate that that person or those persons are\nentitled to take, must be ascertained in accordance with this section\naccording to the facts and circumstances existing in relation to the\n(2) If an intestate is survived by his or her partner but not by issue, the\npartner is entitled to the whole of the intestate estate.\n(3) If the intestate is survived by his or her partner and by issue—\n(a) if the value of the beneficial interest that is acquired by the\npartner under the will does not exceed $200 000—schedule 6,\npart 6.1, item 2 applies as if the references to the sum of\n$200 000 were read as references to the sum ascertained by\ndeducting from $200 000 the value of that beneficial interest; or\n(b) if the value of the beneficial interest that is acquired by the\npartner under the will exceeds $200 000—\n(i) the partner is entitled to be paid out of the intestate estate a\nsum equal to, if 1 child or the issue of 1 child of the\nintestate but no other issue of the intestate survives the\nintestate, 1/2 of the value of the intestate estate or, in any\nother case, 1/3 of the value of the intestate estate; and\n(ii) the issue of the intestate are entitled to the balance of the\nintestate estate after payment to the partner of the sum to\nwhich the partner is entitled under subparagraph (i).\n(4) Section 49 (3) applies for subsection (3) in the same way as it applies\nfor schedule 6.\n\n(5) If a child of an intestate who is entitled to take an interest in the\nintestate estate also acquires an interest under the will of the intestate\nin the real or personal property of the intestate, the interest to which\nthe child is entitled under the will must be brought into account, at a\nvaluation, as at the date of death of the intestate, in accordance with\nthe requirements of the personal representative of the intestate, in\ncalculating the interest that the child is entitled to take under this\ndivision in the intestate estate.\n(6) For this section, a beneficial interest in real or personal property\nacquired because of the exercise, by will, of a general power of\nappointment, is taken to be an interest acquired under that will.\n49DA Effect of disclaimer or forfeiture\n(1) This section applies if a person would be entitled to take an interest\nin an intestate estate but either—\n(a) disclaims the interest; or\n(b) is precluded by the forfeiture rule from obtaining the interest.\n(2) The person is taken to have died before the deceased person.\nforfeiture rule—see the Forfeiture Act 1991, dictionary.\n","sortOrder":52},{"sectionNumber":"49E","sectionType":"section","heading":"Presumptions of parentage","content":"49E Presumptions of parentage\nFor the application of this division and schedule 6 in relation to an\nintestate, a presumption of parentage arising under the Parentage\nAct 2004, section 9 in relation to a person is taken to operate only if\nthe presumption arose before the intestate died.\n\n","sortOrder":53},{"sectionNumber":"Div 3A","sectionType":"division","heading":"3 Rights of partners to intestate","content":"Division 3A.3 Rights of partners to intestate\ndwelling houses\n","sortOrder":54},{"sectionNumber":"49F","sectionType":"section","heading":"Definitions for div 3A.3","content":"49F Definitions for div 3A.3\nIn this division:\ndwelling house includes—\n(a) a garden or portion of ground attached to, and usually occupied\nwith, a dwelling house, or otherwise required for the amenity or\nconvenience of a dwelling house; and\n(b) a part of a building occupied as a separate dwelling.\nrepresentation, in relation to an intestate, means probate of the will,\nor administration (including administration with the will of the\nintestate annexed) of the estate, of the intestate.\n","sortOrder":55},{"sectionNumber":"49G","sectionType":"section","heading":"Claim by partner to dwelling house","content":"49G Claim by partner to dwelling house\n(1) Subject to this division, if the intestate estate of an intestate who is\nsurvived by a partner comprises or includes an interest in a dwelling\nhouse where the partner was residing at the date of the intestate’s\ndeath, the partner may elect to have that interest appropriated under\nthe Trustee Act 1925, section 46 in or towards the satisfaction of any\ninterest of the partner in the real and personal property of the intestate.\n(2) An election under this section may be exercised within a period of\n1 year after the date representation in the estate of the intestate is\ngranted by the Supreme Court or within any extended period the court\nallows.\n(3) If—\n(a) probate of a will of the intestate has been revoked on the ground\nthat the will was invalid; or\n\nRights of partners to intestate dwelling houses Division 3A.3\n(b) a question whether a person had an interest in the estate of the\nintestate, or a question about the nature of an interest claimed in\nthe estate of the intestate, had not been determined at the time\nwhen administration of the estate was granted or first granted;\nor\n(c) the Supreme Court, for any other reason affecting the\nadministration or distribution of the estate, considers it proper to\ndo so;\nthe court may extend the period specified in subsection (2).\n(4) An election by a partner must be given in writing—\n(a) if the partner is not a personal representative of the intestate—\nto the personal representative, or to each personal representative,\nof the intestate; or\n(b) if the partner is 1 of the personal representatives of the\nintestate—to the other personal representative, or to each other\npersonal representative, of the intestate; or\n(c) if the partner is the sole personal representative of the intestate—\nto the registrar.\n(5) An election is not revocable except with the consent of the personal\nrepresentative or of each personal representative of the intestate.\n(6) A partner may require the personal representative of the intestate to\nhave the interest in the dwelling house valued, and to inform the\npartner of the result of that valuation, before deciding whether to\nexercise the right given by this division.\n","sortOrder":56},{"sectionNumber":"49H","sectionType":"section","heading":"Valuation","content":"49H Valuation\nFor this division, the value of the interest of an intestate in a dwelling\nhouse is the amount determined by a qualified valuer engaged by the\npersonal representatives of the intestate to be the market value of the\ninterest.\n\n","sortOrder":57},{"sectionNumber":"49J","sectionType":"section","heading":"Right not exercisable for certain tenancies","content":"49J Right not exercisable for certain tenancies\nThe right given by this division is not exercisable if the interest of the\nintestate in the dwelling house is a tenancy—\n(a) that will determine within a period of 2 years after the date of\ndeath of the intestate; or\n(b) that the landlord is, by notice given after the date of death of the\nintestate, entitled to determine before the end of that period.\n","sortOrder":58},{"sectionNumber":"49K","sectionType":"section","heading":"Right not exercisable in certain other cases","content":"49K Right not exercisable in certain other cases\nIf—\n(a) a dwelling house forms part of a building and an interest in the\nwhole of the building is comprised in an intestate estate; or\n(b) a dwelling house is held with agricultural land and an interest in\nthe agricultural land is comprised in an intestate estate; or\n(c) the whole or a part of a dwelling house was, at the date of an\nintestate’s death, used as a hotel or boarding house; or\n(d) a part of a dwelling house was, at the date of an intestate’s death,\nused for purposes other than domestic purposes;\nthe right given by this division to a partner of the intestate in relation\nto the dwelling house is not exercisable by the partner unless the\nSupreme Court so orders, being satisfied that the exercise of that right\nis not likely to—\n(e) diminish the value of the assets (other than the interest in the\ndwelling house) in the intestate estate; or\n(f) make those assets more difficult to dispose of.\n\nRights of partners to intestate dwelling houses Division 3A.3\n","sortOrder":59},{"sectionNumber":"49L","sectionType":"section","heading":"Personal representative not to sell or dispose of interest","content":"49L Personal representative not to sell or dispose of interest\nwithout consent\n(1) A personal representative of an intestate is not authorised to sell or\notherwise dispose of the interest of the intestate in a dwelling house\nin which a partner of the intestate was residing at the date of the\nintestate’s death, during the period of 1 year after the date\nrepresentation in the estate of the intestate is granted by the Supreme\nCourt or, if that period is extended by the court, during that extended\nperiod without the written consent of the partner, except in the course\nof administration owing to want of other assets or except with the\napproval of the court.\n(2) If on an application under section 49K made by a partner or by the\npersonal representatives of the intestate, the Supreme Court does not\norder that the right given by section 49G may be exercised by the\npartner, the court may approve the disposal of the interest in the\ndwelling house within the period of 1 year referred to in\nsubsection (1).\n(3) This section does not apply if the partner of the intestate is the sole\npersonal representative, or 1 of 2 or more personal representatives, of\nthe intestate.\n(4) Nothing in this section is taken to affect the validity of a sale by the\npersonal representatives of an intestate of any part of the estate of the\n","sortOrder":60},{"sectionNumber":"49M","sectionType":"section","heading":"Rule that trustee not to purchase trust property","content":"49M Rule that trustee not to purchase trust property\nIf a partner of an intestate is the sole personal representative of the\nintestate or 1 of 2 or more personal representatives of the intestate,\nthe partner may, even though he or she is a trustee, acquire under this\ndivision the interest of the intestate in the dwelling house in which\nthe partner was residing at the date of the intestate’s death.\n\n","sortOrder":61},{"sectionNumber":"49N","sectionType":"section","heading":"If surviving partner is under legal disability","content":"49N If surviving partner is under legal disability\n(1) If a partner of an intestate is a person of unsound mind, a requirement\nor consent under this division may be made or given on the partner’s\nbehalf by his or her committee (if any) or, if there is no committee,\nby the Supreme Court.\n(2) A requirement or consent made or given under this division by a\nsurviving partner who is a child is as valid as it would be if he or she\nwere at least 18 years old.\n\nSimultaneous deaths Part 3B\n","sortOrder":62},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Simultaneous deaths","content":"Part 3B Simultaneous deaths\n","sortOrder":63},{"sectionNumber":"49P","sectionType":"section","heading":"Simultaneous deaths—devolution of property generally","content":"49P Simultaneous deaths—devolution of property generally\n(a) a person who has died (the beneficiary) would, if the person had\nnot died, have been entitled, under a will or on an intestacy, to\nan interest in the estate of someone else who has died (the\nbenefactor); and\n(b) the beneficiary and the benefactor died at the same time or in an\norder that is uncertain.\n(2) The property of the benefactor devolves as if the benefactor had\nsurvived the beneficiary and had died immediately after the\nbeneficiary.\n","sortOrder":64},{"sectionNumber":"49Q","sectionType":"section","heading":"Simultaneous deaths—devolution of jointly owned","content":"49Q Simultaneous deaths—devolution of jointly owned\nproperty\n(1) This section applies to property—\n(a) that was owned jointly and exclusively by 2 or more people who\ndied at the same time or in an order that is uncertain; and\n(b) that was not held by them as trustees.\n(2) The property devolves as if the joint owners had, at the time of their\ndeaths, held the property as tenants in common in equal shares.\n\n","sortOrder":65},{"sectionNumber":"Part 3C","sectionType":"part","heading":"Functions of executors and","content":"Part 3C Functions of executors and\nadministrators\n","sortOrder":66},{"sectionNumber":"50","sectionType":"section","heading":"Powers of executors and administrators to sell, mortgage","content":"50 Powers of executors and administrators to sell, mortgage\nor lease real estate\n(1) Subject to this section, an executor or an administrator may, without\nthe consent of any person or the order of a court—\n(a) sell or mortgage the real estate of the deceased person for\npurposes of administration; or\n(b) sell the real estate of the deceased person in relation to which he\nor she died intestate, for purposes of distribution or division\namong the persons entitled; or\n(c) lease the real estate of the deceased person in possession for any\nterm not exceeding 3 years; or\n(d) raise, on the security of the whole or any part of the intestate\nestate of the deceased person, any sum required by the executors\nor administrators for the purpose of paying to a partner of the\nperson the share, or a part of the share, of the partner in the\nintestate estate of the person.\n(2) Any conditions may be imposed on the exercise of the power of sale,\nmortgage, lease or raising of any sum by an administrator, and either\ngenerally or for a particular sale, mortgage, lease or raising of any\nsum, by rules of court, or by the Supreme Court in the grant of\nadministration (if any), or by other order.\n(3) The registrar must write on letters of administration issued by him or\nher, and on any copy of the letters of administration, a certified copy\nof any conditions imposed by the Supreme Court under\nsubsection (2).\n\n(4) A purchaser, mortgagee, lessee or other person who for valuable\nconsideration acquires an interest in the estate of the deceased person,\nor the registrar-general or other person registering title under any sale,\nmortgage or lease under this section, is not bound to inquire whether\nthe powers mentioned in subsection (1) or any of them are being or\nhave been exercised for the purposes specified in that subsection, and\nthe receipt of the executor or administrator is a sufficient discharge,\nand exonerates the persons paying the money from any responsibility\nfor the application of the money expressed to have been so received.\n(5) Some or 1 only of several executors or administrators may exercise\nthose powers with the leave of the Supreme Court, and not otherwise,\nand the court may make any orders it considers appropriate for the\npurpose of carrying out any such sale, mortgage, lease or raising of\nany sum.\n(6) In this section:\nintestate—see section 44.\nintestate estate—see section 44.\npartner, in relation to an intestate—see section 44.\n","sortOrder":67},{"sectionNumber":"51","sectionType":"section","heading":"Supreme Court may make special order","content":"51 Supreme Court may make special order\nThe Supreme Court may, if administration has been granted, on the\napplication of the administrator, or for partial intestacy the executor\nor administrator with the will annexed, or of any person beneficially\ninterested, and after the notice to the other parties and inquiry the\ncourt considers appropriate, order and direct the course of\nproceedings which must be taken in regard to—\n(a) the time and method of sale of any real estate; and\n(b) the letting and management of any real estate until sale; and\n(c) the application for maintenance or advancement or otherwise of\nshares or income of shares of children; and\n\n(d) the expediency and mode of effecting a partition, if applied for;\nand generally in regard to the administration of the real estate for the\ngreatest advantage of all persons interested.\n","sortOrder":68},{"sectionNumber":"51A","sectionType":"section","heading":"Supreme Court may authorise postponement of","content":"51A Supreme Court may authorise postponement of\nrealisation and carrying on of business\n(1) The Supreme Court may, if it considers it beneficial so to do and\nsubject to the conditions it considers appropriate to impose, authorise\nan executor or administrator—\n(a) to postpone, for the period the court considers appropriate, the\nrealisation of the real or personal estate of a deceased person, or\nany part of that estate; or\n(b) to carry on, for the period or periods that the court from time to\ntime considers appropriate, the business, trade or occupation of\nthe deceased person, and for that purpose to use the estate or part\nof it.\n(2) An order under this section may be made either ex parte or on the\nnotice the Supreme Court considers proper, and may be varied from\ntime to time as the court considers appropriate.\n","sortOrder":69},{"sectionNumber":"52","sectionType":"section","heading":"Supreme Court may order partition in summary way","content":"52 Supreme Court may order partition in summary way\n(1) If, on any such inquiry, the Supreme Court is satisfied that a partition\nof the real estate, or any part of it, will be advantageous to the parties\ninterested, the court may appoint 1 or more arbitrators to effect the\npartition.\n\n(2) The report and final award of the arbitrators setting out particulars of\nthe land allotted to each party interested is, when signed by them and\nconfirmed by the order of the Supreme Court, and registered in the\noffice of the registrar-general, effective without the necessity of any\nfurther conveyance to vest in each party the land allotted to the party,\nand an office copy of the award so signed, confirmed, and registered,\nis for all purposes equivalent to an indenture of conveyance to each\nparty of the land allotted to the party.\n(3) For land subject to the provisions of the Real Property Act 1900\n(NSW) or the Land Titles Act 1925, each party is entitled to the issue\nof a certificate of title for the land allotted to the party.\n(4) If the allotment is made subject to the charge of any money payable\nto any other party interested for equalising the partition, the charge\ntaken effect according to the terms and conditions in regard to time\nand method and otherwise that are expressed in the award without the\nnecessity of any further instrument being made or executed.\n(5) For land subject to the provisions of the Real Property Act 1900\n(NSW) or the Land Titles Act 1925, the land must be registered,\nsubject to the charge, unless the charge is satisfied.\n","sortOrder":70},{"sectionNumber":"53","sectionType":"section","heading":"Personal representative not required to continue to act","content":"53 Personal representative not required to continue to act\nagainst own consent\nA personal representative must not be required against his or her\nconsent to continue the duty of a trustee by managing the property\nduring an enforced suspension of sale, but is entitled, on that\nsuspension being ordered, to relinquish his or her trust to the person\nthe Supreme Court appoints.\n\n","sortOrder":71},{"sectionNumber":"54","sectionType":"section","heading":"In suits executor or administrator to represent real estate","content":"54 In suits executor or administrator to represent real estate\nIn all suits concerning the real estate of a deceased person, the\nexecutor to whom probate has been granted or administrator\nrepresents the real estate so long as it remains vested in the executor\nor administrator, and the persons interested, in the same way and to\nthe same extent as, in suits concerning personal estate, the executor\nor administrator represents the estate and the persons interested.\n","sortOrder":72},{"sectionNumber":"55","sectionType":"section","heading":"All debts to stand in equal degree","content":"55 All debts to stand in equal degree\n(1) In the administration of the estate of a deceased person, all the\ncreditors of every description of that person must, despite anything to\nthe contrary contained in any law, be treated as standing in equal\ndegree and be paid accordingly out of the assets of the deceased\n(2) In the administration of the estate of a deceased person in relation to\nwhich representation is granted under this Act, no debt or liability of\nthat person is entitled to any priority or preference only because it is\ndue to an executor or administrator of the estate.\n(3) This Act does not prejudice or affect any mortgage, lien charge, or\nother security that any creditor may hold or be entitled to for payment\nof a debt.\n(4) Nothing in this Act affects the provisions of any law protecting life\nassurance or other policies against creditors.\n","sortOrder":73},{"sectionNumber":"55A","sectionType":"section","heading":"Interest on legacies","content":"55A Interest on legacies\n(1) Subject to subsection (2), if interest is payable on a legacy in\naccordance with the will under which the legacy is payable or in\naccordance with any enactment or rule of law, that interest is, unless\nthe will otherwise provides, or the Supreme Court otherwise orders,\npayable at the rate determined by the Minister.\n\n(2) If an executor or administrator, in accordance with any power given\nto him or her by a will under which a legacy (other than an annuity)\nis payable, appropriates any property in or towards satisfaction of the\nlegacy, the legatee is entitled to the income from the property so\nappropriated, and interest is not payable out of any other part of the\nestate on so much of the legacy as has been satisfied by the\nappropriation.\n(3) A determination under subsection (1) is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act 2001.\n","sortOrder":74},{"sectionNumber":"56","sectionType":"section","heading":"Executor may sign acknowledgment instead of","content":"56 Executor may sign acknowledgment instead of\nconveyance\n(1) If any real estate not under the Real Property Act 1900 (NSW) or the\nLand Titles Act 1925 is devised to any person by a will duly proved\nunder this Act, the executor of the will or the administrator with the\nwill annexed may, as the executor or administrator, instead of\nexecuting a conveyance to that person, sign an acknowledgment that\nthe devisee is entitled to that real estate for the estate for which it is\ndevised to him or her.\n(2) The acknowledgment may be registered under the law in force\nregulating the registration of deeds, and on registration of the\nacknowledgment the real estate vests in the devisee for the estate for\nwhich it is devised to him or her in the same way, and subject to the\nsame trusts and liabilities, as if the executor or administrator had\nexecuted a conveyance of the acknowledgment.\n","sortOrder":75},{"sectionNumber":"57","sectionType":"section","heading":"Summary application for legacy etc","content":"57 Summary application for legacy etc\nIf the executor or administrator, after written request, neglects or\nrefuses to—\n(a) sign that acknowledgment; or\n(b) execute a conveyance of land devised to the devisee; or\n\n(c) pay or hand over to the person entitled any legacy or residuary\nbequest;\nthe devisee or person may apply to the Supreme Court, calling on the\nexecutor or administrator to show cause why he or she should not\ncomply with the request, and the court may make any order in the\nmatter it considers appropriate.\n","sortOrder":76},{"sectionNumber":"58","sectionType":"section","heading":"Examination and passing of accounts etc","content":"58 Examination and passing of accounts etc\n(1) The rules may require—\n(a) the executor or administrator of the estate of a deceased person\nto file an inventory of the estate; and\n(b) accounts of the executor or administrator of the estate of a\ndeceased person to be examined and passed.\n(2) The Supreme Court may, by order, require—\n(a) the executor or administrator of the estate of a deceased person\nto file an inventory of the estate; and\n(b) accounts of the executor or administrator of the estate of a\ndeceased person to be examined and passed.\n(3) An order of the Supreme Court passing an account of the executor or\nadministrator of the estate of a deceased person—\n(a) is evidence of its correctness; and\n(b) operates, after the end of 3 years after the date of the order, to\nrelease the executor or administrator.\n(4) However, subsection (3) (b) does not apply to an account as far as\nsomeone interested in the estate shows that an error or omission or\nfraudulent entry has been made in the account.\n\n","sortOrder":77},{"sectionNumber":"61","sectionType":"section","heading":"Supreme Court may make order about disposal of money","content":"61 Supreme Court may make order about disposal of money\nin hands of executor etc\n(1) The Supreme Court may make any order it considers appropriate in\nrelation to the distribution or application of any money that the\nexecutor or administrator has in hand, or about the residue of the\n(2) No final order for distribution may made except on notice to all the\nparties entitled.\n","sortOrder":78},{"sectionNumber":"62","sectionType":"section","heading":"Payments under revoked probates or administrations","content":"62 Payments under revoked probates or administrations\nvalid\nThe executor or administrator who has acted under any revoked\nprobate or administration may keep and reimburse himself or herself,\nor be entitled to be reimbursed for, an amount equal to the amount of\nany payments made by him or her that the person to whom probate or\nadministration is afterwards, or was originally, granted might have\nlawfully made.\n","sortOrder":79},{"sectionNumber":"63","sectionType":"section","heading":"Persons etc making payments on probate granted for","content":"63 Persons etc making payments on probate granted for\nestate of deceased person to be indemnified\nAll persons making or permitting to be made any payment or transfer,\nin good faith, on any probate or administration or order granted in\nrelation to the estate of any deceased person under this Act must be\nindemnified and protected in so doing, despite any defect or\ncircumstance of any kind affecting the validity of the probate or\nadministration or order not then known to those persons.\n\n","sortOrder":80},{"sectionNumber":"64","sectionType":"section","heading":"Notice before distribution of assets","content":"64 Notice before distribution of assets\n(1) An executor or administrator of a deceased person’s estate may give\npublic notice before distributing the assets of the estate.\nNote 1 Public notice may be given before making a distribution under the\nfollowing provisions:\n(a) the Family Provision Act 1969, s 21 (Protection of administrator);\n(b) the Trustee Act 1925, s 60 (Distribution after notice).\nNote 2 If a form is approved for a particular purpose under the Court Procedures\nAct 2004, s 8 the form must be used for that purpose.\n(2) The public notice must state that—\n(a) a creditor or anyone else may give the executor or administrator\ntheir claim against the estate within the period stated in the\nnotice, being at least 1 month after the notice is given; and\n(b) the executor or administrator intends to distribute the estate after\nthe later of the following:\n(i) the end of the period stated in the notice;\n(ii) 6 months after the day probate or administration was\ngranted; and\n(c) the executor or administrator will only consider claims that are\ngiven to the executor or administrator when distributing the\n(3) The executor or administrator must consider each claim given within\nthe period stated in the notice.\n(4) The executor or administrator is not liable to any person for any\ndistributed assets if the executor or administrator—\n(a) gave notice under subsection (1); and\n(b) did not have notice of the person’s claim when the distribution\nwas made.\n\n","sortOrder":81},{"sectionNumber":"65","sectionType":"section","heading":"Claims barred against executor or administrator in","content":"65 Claims barred against executor or administrator in\ncertain cases\n(1) If an executor or administrator has given notices under section 64 and\na claim against the estate is sent to him or her, the executor or\nadministrator may serve a notice on the claimant calling the claimant\nto take proceedings to enforce the claim within a period of 6 months,\nand to duly prosecute the claim.\n(2) If, after that period of 6 months has ended, that person does not satisfy\nthe Supreme Court that he or she is duly prosecuting the claim, the\ncourt may, on application by the executor or administrator, make an\norder barring the claim against the executor or administrator, subject\nto any conditions that appear just, or make any other order the court\nconsiders appropriate.\n","sortOrder":82},{"sectionNumber":"66","sectionType":"section","heading":"Distribution of estate by executors and administrators","content":"66 Distribution of estate by executors and administrators\n(1) If an executor or administrator liable as such, under any lease or\nagreement for a lease granted or assigned to, or made and entered into\nwith, the testator or intestate whose estate is being administered, to\nthe rents, covenants, or agreements contained in the lease or\nagreement has—\n(a) satisfied all liabilities under the lease, or agreement for a lease,\nas have accrued due and been claimed up to the assignment\nmentioned in paragraph (c); and\n(b) set apart a sufficient sum to answer any future claim that may be\nmade in relation to any fixed and ascertained sum, covenanted\nor agreed by the lessee, to be laid out on the property demised,\nor agreed to be demised, although the period for laying out the\nsum may not have arrived; and\n\n(c) assigned the lease, or agreement for a lease, to a purchaser, or to\na legatee, devisee, or other person entitled to call for a\nconveyance of it;\nthe executor or administrator may distribute the estate of the testator\nor intestate remaining in his or her hands among the parties entitled\nrespectively, without appropriating any part or any further part of it\nto meet any future liability under the lease or agreement.\n(2) An executor or administrator so distributing the estate is not, after\nhaving made or executed that assignment, and having, if necessary,\nset apart that sufficient fund, personally liable in relation to any\nsubsequent claim under any such lease, or agreement for a lease.\nassignment includes an acknowledgment within the meaning of\nsection 56.\nlease includes an underlease.\n","sortOrder":83},{"sectionNumber":"67","sectionType":"section","heading":"Right to follow assets","content":"67 Right to follow assets\nNothing in section 64, 65 or 66 prejudices the right of any creditor or\nclaimant or lessor, or those claiming under any lessor, to follow the\nassets or estate, or any part of the assets or estate, into the hands of\nthe persons, or any of them, among whom they may have been\ndistributed, or who may have received them.\n","sortOrder":84},{"sectionNumber":"68","sectionType":"section","heading":"Executors may compound etc","content":"68 Executors may compound etc\nAn executor or administrator may—\n(a) pay any debts or claims on any evidence that he or she considers\nsufficient; or\n(b) accept any composition, or any security, real or personal, for any\ndebts due to the deceased person; or\n\n(c) allow any time for the payment of any such debts as he or she\nconsiders appropriate; or\n(d) compromise, compound, or submit to arbitration, all debts,\naccounts, claims, and things whatsoever relating to the estate of\nthe deceased person; and\n(e) for any of the purposes mentioned in this section, enter into,\ngive, and execute any agreements, instruments of composition,\nreleases, and other things he or she considers expedient, without\nbeing responsible for any loss occasioned thereby.\n","sortOrder":85},{"sectionNumber":"69","sectionType":"section","heading":"Every executor etc taken to be resident in ACT","content":"69 Every executor etc taken to be resident in ACT\nEvery executor or administrator—\n(a) named in any probate or letters of administration granted by any\ncourt of competent jurisdiction in any part of a Commonwealth\ncountry and making application under this Act for the sealing of\nthe probate or administration; or\n(b) appointed under this Act;\nis taken to be resident in the ACT.\n","sortOrder":86},{"sectionNumber":"70","sectionType":"section","heading":"Executors etc may be allowed commission","content":"70 Executors etc may be allowed commission\nThe Supreme Court may allow out of the assets of a deceased person\nto the person’s executor, administrator or trustee the commission or\npercentage for his or her services that is just.\n\n","sortOrder":87},{"sectionNumber":"Part 3D","sectionType":"part","heading":"Liability of certain persons in relation to deceased estates","content":"Part 3D Liability of certain persons in relation to deceased estates\nPart 3D Liability of certain persons in\nrelation to deceased estates\nNote The provisions of this part were relocated from the Imperial Acts\n(Substituted Provisions) Act 1986, sch 2 (for the effect of a relocation,\nsee Legislation Act 2001, s 96). The 1986 Act substituted provisions for\ncertain UK Acts that applied (or may have applied) in the ACT and\nrepealed those Acts. The 1986 Act, s 4 (1) provided, in effect, that the\nrules of law about the interpretation of consolidating Acts apply to the\ninterpretation of the provisions of a law set out in schedule 2. These rules\nof law continue to apply to this part (see Legislation Act 2001, s 96 (3)).\n","sortOrder":88},{"sectionNumber":"74A","sectionType":"section","heading":"Fraudulently obtaining or keeping property","content":"74A Fraudulently obtaining or keeping property\nA person—\n(a) who—\n(i) by obtaining, receiving or holding any real or personal\nproperty forming part of the estate of a deceased person; or\n(ii) by effecting the release of a debt or liability due to the\nestate of a deceased person;\ndefrauds any creditor of the estate of the deceased person; or\n(b) who, without full valuable consideration—\n(i) obtains, receives or holds any real or personal property\nforming part of the estate of a deceased person; or\n(ii) effects the release of a debt or liability due to the estate of\na deceased person;\n\nLiability of certain persons in relation to deceased estates Part 3D\nis liable and chargeable as an executor in his or her own wrong to the\nextent of the real and personal property forming part of the estate of\nthe deceased person that the person receives, or that comes into his or\nher hands, less—\n(c) the amount of any debt incurred for valuable consideration and\nwithout fraud that was due to the person from the deceased\nperson at the time of his or her death; and\nthe amount of any payment made by the person that might have been\nproperly made by the personal representative of the deceased person.\nNote The provisions of this section were substituted for 43 Eliz. 1 c 8 (1601).\n","sortOrder":89},{"sectionNumber":"74B","sectionType":"section","heading":"Persons liable for waste of deceased estate","content":"74B Persons liable for waste of deceased estate\nIf a person (the relevant person) has, as the personal representative\nof a deceased person or as the executor in his or her own wrong of the\nwill of a deceased person, wasted or converted to his or her own use\nany part of the estate of the deceased person, then, on the death of the\nrelevant person, the personal representative of the relevant person is,\nto the extent of the available assets of the relevant person, liable and\nchargeable in relation to that waste or conversion in the same way as\nthe relevant person would have been if the relevant person has not\ndied.\nNote The provisions of this section were substituted for 30 Chas. 2 c 7 (1678)\nand 4 Will. and Mary c 24, s 12 (1692).\n\n","sortOrder":90},{"sectionNumber":"79A","sectionType":"section","heading":"Orders to collect and administer estates for pt 5","content":"79A Orders to collect and administer estates for pt 5\nFor this part, a reference to an order to collect and administer an estate\nincludes a reference to an exemplification of an order to collect and\nadminister.\n","sortOrder":91},{"sectionNumber":"79B","sectionType":"section","heading":"Inclusion of orders to collect and Scottish confirmation","content":"79B Inclusion of orders to collect and Scottish confirmation\nFor this part, a reference to probate or administration includes a\nreference to—\n(a) an order to a curator or someone else to collect and administer\nan estate; and\n(b) a confirmation of the executor or someone else granted in a\nsheriff court in Scotland.\n","sortOrder":92},{"sectionNumber":"80","sectionType":"section","heading":"Reseal of grant made in reciprocating jurisdiction","content":"80 Reseal of grant made in reciprocating jurisdiction\n(1) This section applies if a court of competent jurisdiction in a\nreciprocating jurisdiction has granted probate of a will, administration\nof an estate or an order to collect and administer an estate.\n(2) On application by a relevant person, the Supreme Court may order\nthat the probate, administration or order be sealed with the seal of the\ncourt.\n(3) For subsection (2), each of the following is a relevant person:\n(a) for a probate of a will—\n(i) the executor to whom the probate was granted; or\n(ii) a person authorised by the executor, under a power of\nattorney, to make the application; or\n(iii) the executor, by representation, of the will;\n\nRecognition of foreign grants Part 5\n(b) for administration of an estate—\n(i) the administrator to whom the administration was granted;\nor\n(ii) the person authorised by the administrator, under a power\nof attorney, to make the application;\n(c) for an order to collect and administer an estate—a public trustee\nin the reciprocating jurisdiction to whom the order was granted.\n(4) In this section:\nreciprocating jurisdiction means—\n(a) a State; or\n(b) a Commonwealth country; or\n(c) a country, or part of a country, prescribed by regulation.\n","sortOrder":93},{"sectionNumber":"80B","sectionType":"section","heading":"Supreme Court may require security","content":"80B Supreme Court may require security\nThe Supreme Court may, before or after sealing a probate,\nadministration or order to collect and administer an estate under\nsection 80 (Reseal of grant made in reciprocating jurisdiction),\nrequire the applicant to give security for the proper administration of\nthe estate to which it relates.\n","sortOrder":94},{"sectionNumber":"80C","sectionType":"section","heading":"Effect of sealing","content":"80C Effect of sealing\n(1) If a probate or administration is sealed under section 80 (Reseal of\ngrant made in reciprocating jurisdiction)—\n(a) the probate or administration has the same effect as if it had been\noriginally granted by the Supreme Court; and\n(b) the person who applied under section 80 must exercise the same\nfunctions, and is subject to the same liabilities, as if the person\nhad been originally granted the probate or administration by the\ncourt.\n\n(2) If an order to collect and administer an estate is sealed under\nsection 80, the person who applied under that section has the same\nfunctions, and is subject to the same liabilities, as if the person was\nthe public trustee and guardian and the order was an order to collect\nand administer the estate granted to the public trustee and guardian\nunder section 88.\n\n","sortOrder":95},{"sectionNumber":"87B","sectionType":"section","heading":"Estates valued at $30 000 or less","content":"87B Estates valued at $30 000 or less\n(1) The public trustee and guardian may administer the estate of a\ndeceased person if satisfied that—\n(a) the net value of the estate is not more than $30 000; and\n(b) application has not been made for a grant of probate of the will,\nor administration of the estate, of the deceased person.\n(2) For subsection (1), the public trustee and guardian may do any of the\nfollowing:\n(a) call in the estate;\n(b) sell and convert into money the part of the estate that does not\nconsist of money;\n(c) pay any of the deceased person’s debts and liabilities;\n(d) deal with the balance (if any) of the estate as if probate of the\nwill or administration of the estate had been granted by the\nSupreme Court.\n(3) If any money remains after the estate is administered in accordance\nwith subsection (2), the public trustee and guardian must deal with\nthe money as follows:\n(a) if the public trustee and guardian is of the opinion that the person\ndied testate—as if probate of the last will of the person had been\ngranted to the public trustee and guardian by the Supreme Court;\n(b) in any other case—as if administration of the estate had been\ngranted to the public trustee and guardian by the Supreme Court.\n(4) The public trustee and guardian must not administer an estate under\nthis section unless notice of intention to do so has been given by\nadvertisement or otherwise, in the way and form the public trustee\nand guardian considers appropriate.\n\n(5) If the public trustee and guardian holds or acquires the will of a\ndeceased person whose estate is being, or has been, administered\nunder this section, the public trustee and guardian must file the will\nin the Supreme Court.\n","sortOrder":96},{"sectionNumber":"87C","sectionType":"section","heading":"Estates valued at $150 000 or less","content":"87C Estates valued at $150 000 or less\n(1) The public trustee and guardian may file in the Supreme Court an\nelection, signed by the public trustee and guardian, to administer the\nestate of a deceased person if—\n(a) the person left property in the ACT; and\n(b) the gross value of that property does not, in the opinion of the\npublic trustee and guardian, exceed $150 000; and\n(c) probate of the will, or administration of the estate, of the person\nhas not been granted by the Supreme Court to any person; and\n(d) the public trustee and guardian is entitled under section 88 to\napply for an order to collect and administer the estate of the\n(2) An election under subsection (1) in relation to the estate of a deceased\nperson must contain—\n(a) particulars of the name of the deceased person; and\n(b) the particulars of the place of residence, and the occupation, of\nthe deceased person at the time of death that are known to the\npublic trustee and guardian; and\n(c) the particulars of the date of death, and the property forming part\nof the estate, of the deceased person that are known to the public\ntrustee and guardian.\n(3) If, in the opinion of the public trustee and guardian, a deceased person\ndied testate, an election must have the will of the person annexed to\nit and must state that the will was, in the opinion of the public trustee\nand guardian, duly executed by the person.\n\n(4) If the public trustee and guardian has filed an election, the estate of\nthe person vests in the public trustee and guardian, and the public\ntrustee and guardian has the functions that he or she would have had\nif the Supreme Court had, under section 88, granted to the public\ntrustee and guardian an order to collect and administer the estate of\nthe person.\n(5) The public trustee and guardian must give public notice of each\nelection filed under this section, and public notice in relation to an\nestate is conclusive evidence that the public trustee and guardian is\nentitled to administer the estate of the deceased person.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(6) If, after the public trustee and guardian has filed an election—\n(a) if the will of the deceased person was annexed to the election—\na later will; or\n(b) in any other case—a will;\nof the deceased person comes into the possession of the public trustee\nand guardian, the public trustee and guardian must file in the Supreme\nCourt a notice, signed by the public trustee and guardian, containing\nparticulars of that will.\n(7) If the public trustee and guardian files a notice under subsection (6),\nthe election is taken to have been revoked and the public trustee and\nguardian ceases to have the functions given by this section in relation\nto the estate.\n(8) If, after the public trustee and guardian has filed an election in relation\nto the estate of a deceased person, the gross value of the estate is\nfound to exceed $150 000, the public trustee and guardian must file\nin the Supreme Court a notice, signed by the public trustee and\nguardian, certifying that the value of the estate exceeds that amount.\n\n(9) If the public trustee and guardian files a notice under subsection (8),\nthe election is taken to have been revoked and the public trustee and\nguardian ceases to have the functions given by this section in relation\nto the estate.\n(10) The filing of a notice under subsection (6) or (8) in relation to the\nestate of a deceased person does not prevent the public trustee and\nguardian from applying, under section 88, for an order to collect and\nadminister that estate.\n(11) If the public trustee and guardian has filed a notice under subsection\n(6) or (8) in relation to the estate of a deceased person, the provisions\nof section 32B apply as if the filing of an election under this section\nwas the grant of probate of the will, or administration of the estate, of\nthe deceased person and the filing of the notice was the revocation of\nthat grant.\n","sortOrder":97},{"sectionNumber":"88","sectionType":"section","heading":"Orders to public trustee and guardian to collect and","content":"88 Orders to public trustee and guardian to collect and\nadminister\n(1) The Supreme Court may, on the application of the public trustee and\nguardian, grant to the public trustee and guardian an order to collect\nand administer the estate of any deceased person leaving real or\npersonal estate within the jurisdiction in any of the following cases:\n(a) if the deceased person leaves no executor, partner or next of kin,\nresident within the jurisdiction, willing and capable of acting in\nexecution of his or her will or administration of his or her estate;\n(b) if the executors named renounce probate of the will of the\ndeceased person, and all the persons primarily entitled to\nadministration by writing filed with the registrar decline to apply\nfor administration;\n(c) if probate or administration is not applied for within 3 months\nafter the death of the deceased person;\n\n(d) if, after the end of 30 days from the death there is no reasonable\nprobability of application being made within that period of 3\nmonths;\n(e) if the estate or any part of the estate is liable to waste and the\nexecutor, any partner or the next of kin—\n(i) is absent from the locality of the estate; or\n(ii) is not known; or\n(iii) has not been found; or\n(iv) requests the public trustee and guardian in writing to apply\nfor the order;\n(f) if the estate, or any part of it, is—\n(i) of a perishable nature; or\n(ii) in danger of being lost or destroyed;\n(g) if great expense may be incurred because of delay;\n(h) if by the will of the deceased person the curator of estates of\ndeceased persons or the public trustee and guardian is appointed\nto act.\n(2) The Supreme Court may, in any case—\n(a) require the public trustee and guardian to give the notices,\nproduce the evidence, or do anything else, the court considers\nappropriate before granting the order applied for; or\n(b) make a temporary order for collection or protection only or a\ntemporary order limited to a part of the estate or otherwise.\npartner, in relation to a deceased person, has the same meaning as it\nhas in part 3A (Intestacy) in relation to an intestate.\n\n","sortOrder":98},{"sectionNumber":"89","sectionType":"section","heading":"Effect of order","content":"89 Effect of order\n(1) If an order to collect and administer the estate of any deceased person\nis granted, the public trustee and guardian has the same functions in\nrelation to the estate, except as otherwise expressly provided, that the\npublic trustee and guardian would have had if administration had\nbeen granted to him or her, and the estate of the deceased person vests\nin the public trustee and guardian.\n(2) If the Supreme Court grants an order to collect and administer the\nestate of a deceased person after having been satisfied that the\ndeceased person made a valid will that had not been revoked before\ndeath—\n(a) a copy of that will must be annexed to the order; and\n(b) the public trustee and guardian has, subject to this part, the same\nfunctions in relation to the estate of the person that the public\ntrustee and guardian would have if administration with the will\nannexed of the estate of the deceased person had been granted\nto the public trustee and guardian.\n(3) All laws for the time being in force in relation to the administration\nof the estates of deceased persons apply to the administration of\nestates by the public trustee and guardian.\n","sortOrder":99},{"sectionNumber":"90","sectionType":"section","heading":"Grant of probate or administration despite appointment","content":"90 Grant of probate or administration despite appointment\nof public trustee and guardian\n(1) Even though that—\n(a) the public trustee and guardian is administering the estate of a\ndeceased person under section 87B; or\n(b) the public trustee and guardian has filed an election to\nadminister the estate of a deceased person under section 87C; or\n\n(c) the public trustee and guardian has been granted an order to\ncollect and administer the estate of a deceased person under\nsection 88;\nthe Supreme Court may grant probate of the will, or administration of\nthe estate, of the deceased person to an appropriate person on the\nconditions it considers appropriate.\n(2) An application for a grant under subsection (1) must be served on the\npublic trustee and guardian in accordance with the rules.\n","sortOrder":100},{"sectionNumber":"91","sectionType":"section","heading":"Cessation of rights and liabilities of public trustee and","content":"91 Cessation of rights and liabilities of public trustee and\n(1) The following cease on the grant of probate or administration under\nsection 90:\n(a) all the interest and functions of the public trustee and guardian\n(except rights given by this section) in relation to the estate of\nthe deceased person whose estate is affected by the grant;\n(b) all liabilities of the public trustee and guardian under any\ncontract or agreement entered into in relation to the estate, or\nany part of the estate.\n(2) The part of the estate of the deceased person left unadministered by\nthe public trustee and guardian, and all functions of the public trustee\nand guardian in relation to it, vest in the executor or administrator\nobtaining the probate or administration.\n(3) Nothing in this section interferes with the allowance and payment\nof—\n(a) all money due for the commission of the public trustee and\nguardian; and\n\n(b) the necessary outlay, disbursements, costs, charges, and\nexpenses in relation to the estate, including all costs in relation\nto appearing on the application for the probate or administration.\n(4) Nothing in this section relieves the public trustee and guardian from\nany liability in relation to the management of the estate up to the time\nof granting the probate or administration.\n","sortOrder":101},{"sectionNumber":"92","sectionType":"section","heading":"Order to public trustee and guardian to collect and","content":"92 Order to public trustee and guardian to collect and\nadminister in special circumstances\n(1) If it is made to appear to the Supreme Court that there is reasonable\nground to suppose that any person has died, either in or out of the\njurisdiction of the court, intestate, leaving property within the\njurisdiction, the court may order and empower the public trustee and\nguardian to collect and administer the estate, both real and personal,\nof that person.\n(2) The order is valid until revoked, and empowers the public trustee and\nguardian to—\n(a) collect, manage, and administer the personal estate of the\nsupposed deceased person; and\n(b) enter on and receive the rents and profits and otherwise manage\nthe real estate; and\n(c) pay and discharge the debts and liabilities of that person;\nin like way as if he or she were certainly dead and the public trustee\nand guardian had obtained an order to collect and administer the\nestate of the person under section 88.\n(3) The public trustee and guardian must not proceed to any distribution\nof the assets without an order of the Supreme Court specially\nauthorising the public trustee and guardian to make the distribution.\n\n","sortOrder":102},{"sectionNumber":"93","sectionType":"section","heading":"Notice of order to be published","content":"93 Notice of order to be published\nWithin 1 month after any order to collect and administer has been\ngranted, the public trustee and guardian must, unless the Supreme\nCourt otherwise orders, twice give public notice of the fact that the\norder has been granted.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n","sortOrder":103},{"sectionNumber":"95","sectionType":"section","heading":"Supreme Court orders against public trustee and","content":"95 Supreme Court orders against public trustee and\n(a) the public trustee and guardian has the responsibility of\ncollecting and administering a deceased estate; and\n(b) the public trustee and guardian or the curator of estates of\ndeceased persons has—\n(i) neglected or refused to do any act in relation to the\nadministration of the estate; or\n(ii) acted, or threatened to act, in breach of his or her duty in\nrelation to the administration of the estate.\n(2) If this section applies, a person interested in an estate referred to in\nsubsection (1) may apply to the Supreme Court—\n(a) for an order calling on the public trustee and guardian to show\ncause before the court why the public trustee and guardian\nshould act, or fail to act, in the way complained of; or\n(b) for an interim injunction.\n(3) On application under subsection (2), the Supreme Court may grant an\norder or interim injunction subject to any conditions about giving\nsecurity for costs the court considers appropriate.\n\n","sortOrder":104},{"sectionNumber":"96","sectionType":"section","heading":"Orders on complaints under s 95","content":"96 Orders on complaints under s 95\n(1) On the hearing of a complaint under section 95, the Supreme Court\nmay make any order that it considers just.\n(2) To remove any doubt, an order under subsection (1) has effect, and\nmay be enforced, as if it had been made by the Supreme Court in a\nproceeding between the parties to the complaint.\n","sortOrder":105},{"sectionNumber":"97","sectionType":"section","heading":"Public trustee and guardian to act as Supreme Court","content":"97 Public trustee and guardian to act as Supreme Court\ndirects\nIf an order to collect and administer is made under this part, the\nSupreme Court may, on the application of the public trustee and\nguardian or any person interested in the estate, make any orders about\nthe collection, sale, investment, and disposal of the estate, that the\ncourt considers appropriate.\n","sortOrder":106},{"sectionNumber":"97A","sectionType":"section","heading":"Public trustee and guardian may obtain directions of","content":"97A Public trustee and guardian may obtain directions of\nSupreme Court\n(1) The public trustee and guardian may, ex parte, take the opinion or\nobtain the direction of the Supreme Court on any question, whether\nof law or of fact, arising under this part, or in the course of his or her\nduties.\n(2) The Supreme Court must give its opinion or direction to the public\ntrustee and guardian, and the public trustee and guardian must act in\naccordance with its opinion or direction and must, on the request of\nany person interested in the estate, communicate to the person the\neffect of the opinion or direction.\n\n","sortOrder":107},{"sectionNumber":"98","sectionType":"section","heading":"Proceedings for estates administered by the public","content":"98 Proceedings for estates administered by the public\ntrustee and guardian\n(1) This section applies in relation to an estate administered by the public\ntrustee and guardian under this part.\n(2) The following must be decided by the Supreme Court:\n(a) all disputes and matters about the collection, management or\nadministration of the estate;\n(b) all claims on the estate.\n(3) However, if the Supreme Court considers that it should not decide a\nmatter mentioned in subsection (2), the Supreme Court may direct\nthat other proceedings to decide the matter be begun.\n","sortOrder":108},{"sectionNumber":"101","sectionType":"section","heading":"Accounts to be kept etc","content":"101 Accounts to be kept etc\nThe public trustee and guardian must—\n(a) make an inventory or list of all the estates of the persons that the\npublic trustee and guardian has been ordered to collect and\nadminister and keep it in his or her office; and\n(c) keep all letters received, and copies of all letters written by the\npublic trustee and guardian, and all deeds, papers, and writings\nof and relating to those estates.\n","sortOrder":109},{"sectionNumber":"102","sectionType":"section","heading":"Receipt of public trustee and guardian sufficient","content":"102 Receipt of public trustee and guardian sufficient\ndischarge\nThe written receipt of the public trustee and guardian for any money\npayable to the public trustee and guardian under this part is a\nsufficient discharge for the money to the person paying it, and the\nperson is not afterwards liable for any misapplication of the money.\n\n","sortOrder":110},{"sectionNumber":"126","sectionType":"section","heading":"People entitled to inspect will of deceased person","content":"126 People entitled to inspect will of deceased person\n(1) A person who has possession or control of a deceased person’s will\nmust, on request in writing by an interested person, allow the\ninterested person to inspect, or be given copies of, the will or any\ncopies of the will in the person’s possession or control.\n(2) The interested person must bear any cost of a request under\nsubsection (1).\ninterested person, in relation to a deceased person’s will, means any\nof the following:\n(a) a person named or referred to in the will, including a person who\nis a beneficiary under the will;\n(b) a person named in an earlier will as a beneficiary under the will;\n(c) a domestic partner or child of the deceased person;\nNote Domestic partner—see the Legislation Act, s 169.\n(d) a parent or guardian of the deceased person;\n(e) a parent or guardian of a person younger than 18 years old who\nis a beneficiary under the will;\n(f) a parent or guardian of a person younger than 18 years old who\nwould be entitled to a share of the estate if the deceased person\nhad died intestate;\n(g) a person who would be entitled to a share of the estate if the\ndeceased person had died intestate;\n(h) a person who, immediately before the death of the deceased\nperson, was a guardian or manager for the person under the\nGuardianship and Management of Property Act 1991;\n\nMiscellaneous Part 9\n(i) an attorney under an enduring power of attorney made by the\ndeceased person;\n(j) a person prescribed by regulation.\nwill includes a revoked will, an informal will or a codicil.\n","sortOrder":111},{"sectionNumber":"127","sectionType":"section","heading":"Person fraudulently disposing of will liable for damages","content":"127 Person fraudulently disposing of will liable for damages\nIf a person suffers damage as a result of the stealing of a will or a part\nof a will, or as a result of the fraudulent destroying, cancelling,\nobliterating or concealing of a will or a part of a will, the person may\nrecover damages in relation to the damage by action in a court of\ncompetent jurisdiction from the person who stole, destroyed,\ncancelled, obliterated or concealed the will or part.\n","sortOrder":112},{"sectionNumber":"128","sectionType":"section","heading":"Application of amendments made by Administration and","content":"128 Application of amendments made by Administration and\nProbate (Amendment) Act 1996\nThe following provisions as amended or inserted by the\nAdministration and Probate (Amendment) Act 1996 (and any other\nconsequential amendments made by that Act, schedule) apply only in\nrelation to the distribution of the estates of people who die on or after\n1 May 1996:\n(a) section 12;\n(b) section 22;\n(c) part 3A heading;\n(d) division 3A.1 heading;\n(e) section 44;\n(f) division 3A.2 heading;\n(g) section 45A;\n(h) section 49BA;\n(i) paragraphs 49D (3) (a) and (b);\n\n(j) division 3A.3 heading;\n(k) parts 3B and 3C headings;\n(l) section 65;\n(m) section 69;\n(n) section 95;\n(o) schedule 6.\n","sortOrder":113},{"sectionNumber":"129","sectionType":"section","heading":"Regulation-making power","content":"129 Regulation-making power\nThe Executive may make regulations for this Act.\n\nOrder of application of assets if estate solvent Part 4.1\n(see s 41C)\nPart 4.1 Order of application of assets if\nestate solvent\n1 Assets undisposed of by will, subject to the retention out of those\nassets of a fund sufficient to meet any pecuniary legacies.\n2 Assets not specifically disposed of by will but included (either by a\nspecific or general description) in a residuary gift, subject to the\nretention out of those assets of a fund sufficient to meet any pecuniary\nlegacies that are not provided for out of the assets undisposed of by\nwill.\n3 Assets specifically appropriated or disposed of by will (either by a\nspecific or general description) for the payment of debts.\n4 Assets charged with, or disposed of by will (either by a specific or\ngeneral description) subject to a charge for, the payment of debts.\n5 The fund (if any) kept to meet pecuniary legacies.\n6 Assets specifically disposed of by will, rateably according to value.\n\nPart 4.2 Rules about payment of debts and liabilities if estate insolvent\nPart 4.2 Rules about payment of debts\nand liabilities if estate insolvent\n1 The funeral, testamentary and administration expenses have priority.\n2 Subject to rule 1, the same rules must prevail and must be observed\nabout the respective rights of secured and unsecured creditors and as\nto the valuation of annuities and future and contingent liabilities,\nrespectively, and about the priorities of debts and liabilities that are\nin force at the death of the deceased person under the law of\nbankruptcy in relation to the assets of persons adjudged bankrupt.\n3 In the application of those rules, the date of the death of the deceased\nperson must be substituted for the date of the sequestration order.\n\nDistribution of intestate estate on intestacy Schedule 6\nDistribution of estate if intestate survived by partner Part 6.1\n","sortOrder":114},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Distribution of intestate estate","content":"Schedule 6 Distribution of intestate estate\non intestacy\n(See s 49)\n","sortOrder":115},{"sectionNumber":"Part 6","sectionType":"part","heading":"1 Distribution of estate if intestate","content":"Part 6.1 Distribution of estate if intestate\nsurvived by partner\n1 if the intestate is not\nThe partner is entitled to the whole of the\n2 if the intestate is\n1 If the value of the intestate estate does\nnot exceed $200 000, the partner is\nentitled to the whole of the intestate\n2 If the value of the intestate estate\nexceeds $200 000, the partner is\nentitled to be paid out of the intestate\nestate—\n(a) $200 000; and\n(b) interest on that sum, calculated\nat the rate of 8% per annum from\nthe date of the death of the\nintestate to the date that sum is\npaid or appropriated to the\npartner (inclusive); and\n\nSchedule 6 Distribution of intestate estate on intestacy\nPart 6.1 Distribution of estate if intestate survived by partner\n(c) an additional sum equal to—\n(i) if 1 child or the issue of\n1 child of the intestate\nsurvives the intestate but\nno other issue of the\nintestate survives the\nintestate—1/2 of the value\nof the balance of the\nintestate estate; or\n(ii) in any other case—1/3 of\nthe value of the balance of\nthe intestate estate.\n3 The issue of the intestate are entitled\nto the balance (if any) of the intestate\nestate after payment to the partner of\nthe sum or sums to which the partner\nis entitled under this item.\n\nDistribution of intestate estate on intestacy Schedule 6\nDistribution of estate if intestate not survived by partner Part 6.2\nPart 6.2 Distribution of estate if intestate\nnot survived by partner\n1 if the intestate is\nthe issue are entitled to the whole of the\n2 if the intestate is not\nsurvived by issue but is\nsurvived by a parent or\nboth parents\nthe parent is entitled to the whole of the\nintestate estate or, if both parents survive\nthe intestate, the parents are entitled to\nthe whole of the intestate estate in equal\nshares.\n3 if the intestate is not\nsurvived by issue or by\na parent but is survived\nby next of kin\nthe next of kin are entitled to the\nintestate estate in accordance with\nsection 49C.\n4 if the intestate is not\nsurvived by issue, by a\nparent or by next of kin\nthe Territory is entitled to the intestate\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• civil partner\n• civil union\n• civil union partner\n• Commonwealth country\n• domestic partner (see s 169 (1))\n• foreign country\n• land\n• public trustee and guardian\n• State\n• Supreme Court.\nadministration includes all letters of administration of the real and\npersonal estate of deceased persons whether with or without the will\nannexed and whether granted for general, special, or limited\npurposes, exemplification of letters of administration and any other\nformal evidence of the letters of administration purporting to be under\nthe seal of a court of competent jurisdiction that is in the opinion of\nthe Supreme Court sufficient.\nadministration bond means a bond or guarantee, with or without\nsureties, prescribed under the rules.\nadministrator includes any person to whom administration is granted.\ndistribute means to pay, deliver, or divide the estate or property\nreferred to, to or among the person or persons entitled under any\nintestacy or under any will.\ndwelling house, for division 3A.3 (Rights of partners to intestate\ndwelling houses)—see section 49F.\n\nelection means an election to administer the estate or a part of the\nestate of a deceased person.\neligible partner, of an intestate, for part 3A (Intestacy)—see\nsection 44.\nintestate, for part 3A (Intestacy)—see section 44.\nintestate estate, in relation to an intestate, for part 3A (Intestacy)—\nsee section 44.\noriginal executor, for division 3.4 (Position of executor of an\nexecutor)—see section 43A.\npartner, for part 3A (Intestacy)—see section 44.\npersonal chattels, in relation to an intestate, for part 3A (Intestacy)—\nsee section 44.\npersonal representative, in relation to an intestate, for part 3A\n(Intestacy)—see section 44.\nprescribed means prescribed by rules.\nprobate includes exemplification of probate or any other formal\ndocument, purporting to be under the seal of a court of competent\njurisdiction, that, in the opinion of the Supreme Court, is sufficient.\npublic trustee, in relation to a foreign country, includes an officer of\nthe country who is entitled under a law of the country to apply, if a\ndeceased person has died intestate leaving no next of kin, to a court\nfor an order that authorises the officer to administer the estate of the\ndeceased person.\npurposes of administration includes the payment in due course of\nadministration of the debts, funeral and testamentary expenses duties\nand commission, and the costs, charges and expenses of the executor\nor administrator, and any costs that may be ordered to be paid out of\nthe estate.\nregistrar means the registrar of the Supreme Court.\n\nrepresentation—\n(a) for this Act generally—means the probate of a will and\nadministration; and\n(b) in relation to an intestate, for division 3A.3 (Rights of partners\nto intestate dwelling houses)—see section 49F.\nrules mean rules under the Court Procedures Act 2004 that apply in\nrelation to the Supreme Court.\nwill includes a codicil.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth ordinance—the Administration and\nProbate Ordinance 1929 No 18 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 1 July 1992 under the\nAustralian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (7).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on its conversion to an ACT enactment on 1 July 1992.\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth) s 25).\nLegislation before becoming Territory enactment\nAdministration and Probate Act 1929 A1929-18\nnotified 10 October 1929 (Cwlth Gaz 1929 No 95)\ncommenced 21 October 1929 (s 2)\nas amended by\nAdministration and Probate Ordinance 1930 Ord1930-11\nnotified 25 July 1930 (Cwlth Gaz 1930 No 64)\ncommenced 25 July 1930 (see Seat of Government (Administration)\nAdministration and Probate Ordinance 1932 Ord1932-13\nnotified 28 April 1932 (Cwlth Gaz 1932 No 38)\ncommenced 28 April 1932 (see Seat of Government (Administration)\nAdministration and Probate Ordinance 1933 Ord1933-9\nnotified 4 May 1933 (Cwlth Gaz 1933 No 29)\ncommenced 4 May 1933 (see Seat of Government (Administration)\n\nAdministration and Probate Ordinance 1934 Ord1934-2\nnotified 8 February 1934 (Cwlth Gaz 1934 No 8)\ncommenced 8 February 1934 (see Seat of Government\nAdministration and Probate Ordinance (No 2) 1934 Ord1934-6\nnotified 22 March 1934 (Cwlth Gaz 1934 No 17)\ncommenced 22 March 1934 (see Seat of Government (Administration)\nAdministration and Probate Ordinance 1937 Ord1937-3\nnotified 18 March 1937 (Cwlth Gaz 1937 No 12)\ncommenced 18 March 1937 (see Seat of Government (Administration)\nAdministration and Probate Ordinance (No 2) 1937 Ord1937-13\nnotified 19 August 1937 (Cwlth Gaz 1937 No 46)\ncommenced 19 August 1937 (see Seat of Government (Administration)\nOrdinances Revision Ordinance 1937 Ord1937-27 sch 2\nnotified 23 December 1937 (Cwlth Gaz 1937 No 75)\ncommenced 23 December 1937 (see Seat of Government\nOrdinances Revision Ordinance 1938 Ord1938-35 sch 2\nnotified 15 December 1938 (Cwlth Gaz 1938 No 79)\ncommenced 15 December 1938 (see Seat of Government\nAdministration and Probate Ordinance 1943 Ord1943-7\nnotified 13 May 1943 (Cwlth Gaz 1943 No 102)\ncommenced 13 May 1943 (see Seat of Government (Administration)\nTrustee Companies Ordinance 1947 Ord1947-15\nnotified 18 December 1947 (Cwlth Gaz 1947 No 241)\ncommenced 18 December 1947 (see Seat of Government\nAdministration and Probate Ordinance 1950 Ord1950-16\nnotified 21 December 1950 (Cwlth Gaz 1950 No 81)\ncommenced 21 December 1950 (see Seat of Government\n\nAdministration and Probate Ordinance 1953 Ord1953-5\nnotified 27 February 1953 (Cwlth Gaz 1953 No 12)\ncommenced 27 February 1953 (see Seat of Government\nAdministration and Probate Ordinance (No 2) 1953 Ord1954-2\nnotified 7 January 1954 (Cwlth Gaz 1954 No 1)\ncommenced 7 January 1954 (see Seat of Government (Administration)\nAdministration and Probate Ordinance 1960 Ord1960-6\nnotified 9 September 1960 (Cwlth Gaz 1960 No 63)\ncommenced 12 September 1960 (s 2)\nAdministration and Probate Ordinance 1965 Ord1965-20\nnotified 21 December 1965 (Cwlth Gaz 1965 No 101A)\ncommenced 1 January 1966 (s 2)\nAdministration and Probate Ordinance 1967 Ord1967-9 (as am by\nOrd1967-23)\nnotified 18 May 1967 (Cwlth Gaz 1967 No 43)\ns 1, s 2, s 7, s 10, s 12 commenced 18 May 1967 (s 2 (1))\nremainder commenced 1 July 1967 (s 2 (2))\nAdministration and Probate Ordinance 1969 Ord1969-16\nnotified 14 August 1969 (Cwlth Gaz 1969 No 70)\ncommenced 1 September 1969 (s 2 and see Cwlth Gaz 1969 No 72)\nAdministration and Probate Ordinance 1970 Ord1970-25\nnotified 2 July 1970 (Cwlth Gaz 1970 No 53)\ncommenced 20 July 1970 (s 2 and Cwlth Gaz 1970 No 59)\nAdministration and Probate Ordinance 1974 Ord1974-27 (as am by\nOrd1974-43)\nnotified 13 August 1974 (Cwlth Gaz 1974 No 66)\ncommenced 13 August 1974 (see Seat of Government (Administration)\n\nAdministration and Probate Ordinance (No 2) 1974 Ord1974-43 (as\nam by Ord1974-47 sch 3)\nnotified 18 October 1974 (Cwlth Gaz 1974 No 84B but see Cwlth Gaz\n","sortOrder":116},{"sectionNumber":"1974","sectionType":"section","heading":"No 85C)","content":"1974 No 85C)\ncommenced 18 October 1974 (see Seat of Government\nOrdinances Revision (Age of Majority) Ordinance 1974 Ord1974-47\nnotified 24 October 1974 (Cwlth Gaz 1974 No 87A)\ncommenced 1 November 1974 (s 2)\nAdministration and Probate (Amendment) Ordinance 1976\nOrd1976-53\nnotified 27 October 1976 (Cwlth Gaz 1976 No S190)\ncommenced 1 November 1976 (s 2)\nAdministration and Probate (Amendment) Ordinance 1980 Ord1980-8\nnotified 26 March 1980 (Cwlth Gaz 1980 No S63)\ncommenced 1 April 1980 (s 2 and Cwlth Gaz 1980 No S66)\nAdministration and Probate (Amendment) Ordinance 1984\nOrd1984-67\nnotified 5 December 1984 (Cwlth Gaz 1984 No S515)\ncommenced 5 December 1984 (see Seat of Government\nPublic Trustee (Miscellaneous Amendments) Ordinance 1985\nOrd1985-9\nnotified 8 March 1985 (Cwlth Gaz 1985 No S69)\ncommenced 28 October 1985 (s 2 and Cwlth Gaz 1985 No G42)\nAdministrative Arrangements (Consequential Amendments)\nOrdinance 1988 Ord1988-17 sch 2\nnotified 22 April 1988 (Cwlth Gaz 1988 No S114)\ncommenced 22 April 1988 (see Seat of Government (Administration)\nAdministration and Probate (Amendment) Ordinance 1988\nOrd1988-34\nnotified 6 July 1988 (Cwlth Gaz 1988 No GN24)\ncommenced 6 July 1988 (see Seat of Government (Administration)\n\nAdministration and Probate (Amendment) Ordinance 1989\nOrd1989-17\nnotified 22 March 1989 (Cwlth Gaz 1989 No S100)\ncommenced 22 March 1989 (see Seat of Government (Administration)\nAdministration and Probate (Amendment) Ordinance (No 2) 1989\nOrd1989-19\nnotified 22 March 1989 (Cwlth Gaz 1989 No S100)\ncommenced 24 March 1989 (s 2 and Cwlth Gaz 1989 No S101)\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 pt 2 div 1, sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\npt 2 div 1, sch 1 commenced 11 May 1989 (s 2 (2) and see Australian\nCapital Territory (Self-Government) Act 1988 (Cwlth), s 2 (2) and Cwlth\nGaz 1989 No S164)\nLegislation after becoming Territory enactment\nAdministration and Probate (Amendment) Act 1991 A1991-20\nnotified 10 May 1991 (Gaz 1991 No S36)\ncommenced 10 May 1991 (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth), s 25)\nAdministration and Probate (Amendment) Act (No 2) 1991 A1991-69\nnotified 7 November 1991 (Gaz 1991 No S120)\ncommenced 7 November 1991 (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth), s 25)\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993\nNo S207)\nSupreme Court (Amendment) Act (No 2) 1993 A1993-91 sch 3\nnotified 17 December 1993 (Gaz 1993 No S258)\ncommenced 17 December 1993 (s 2)\n\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch\npt 1\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994\nNo S293)\nLand Titles (Consequential Amendments) Act 1995 A1995-54 sch pt 1\nnotified 20 December 1995 (Gaz 1995 No S313)\ncommenced 20 June 1996 (s 2, see Land Titles (Amendment) Act\n","sortOrder":117},{"sectionNumber":"1995","sectionType":"section","heading":"A1995-53 s 2 (3) and LA s 79)","content":"1995 A1995-53 s 2 (3) and LA s 79)\nAdministration and Probate (Amendment) Act 1996 A1996-15\nnotified 1 May 1996 (Gaz 1996 No S71)\ncommenced 1 May 1996 (s 2)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nBirth (Equality of Status) (Amendment) Act 1998 A1998-42\nnotified 14 October 1998 (Gaz 1998 No 41)\nss 1-3 commenced 14 October 1998 (s 2 (1))\nremainder commenced 14 April 1999 (s 2 (3))\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\nStatute Law Amendment Act 2000 A2000-80 sch 3\nnotified 21 December 2000 (Gaz 2000 No S69)\ncommenced 21 December 2000 (s 2 (1))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 3\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 3 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\n\nStatute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.1\nnotified 5 September 2001 (Gaz 2001 No S65)\ncommenced 5 September 2001 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2002\nA2002-27 pt 2\nnotified LR 9 September 2002\ns 1, s 2 commenced 9 September 2002 (LA s 75)\npt 2 commenced 10 September 2002 (s 2)\nCivil Law (Wrongs) Act 2002 A2002-40 div 3.2.1\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\ndiv 3.2.1 commenced 1 November 2002 (s 2 (2) and CN2002-13)\nJustice and Community Safety Legislation Amendment Act 2003\nA2003-2 pt 2\nnotified LR 3 March 2003\ns 1, s 2 commenced 3 March 2003 (LA s 75 (1))\npt 6, pt 7, pt 11, pt 15 commenced 4 March 2003\npt 2 commenced 31 March 2003 (s 2 (2))\nParentage Act 2004 A2004-1 sch 1 pt 1.1\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.1 commenced 22 March 2004 (s 2 and CN2004-3)\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 1 pt 1.1\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.1 commenced 22 March 2004 (s 2 and CN2004-4)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.1\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.1 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\n\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.1\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.1 commenced 22 December 2005 (s 2 (4))\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.1\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.1 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\nCivil Law (Property) Act 2006 A2006-38 sch 1 pt 1.1\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.1 commenced 28 March 2007 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.1\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.1 commenced 29 September 2006 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.2\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.2 commenced 12 April 2007 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.1\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.1 commenced 7 May 2008 (s 2)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.1\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.1 commenced 19 May 2008 (s 2 and CN2008-8)\n\nJustice and Community Safety Legislation Amendment Act\n2008 (No 2) A2008-22 sch 1 pt 1.1\nnotified LR 8 July 2008\ns 1, s 2 commenced 8 July 2008 (LA s 75 (1))\nsch 1 pt 1.1 commenced 29 July 2008 (s 2)\nAct 2008 (No 3) A2008-29 sch 1 pt 1.1\nnotified LR 13 August 2008\ns 1, s 2 commenced 13 August 2008 (LA s 75 (1))\nsch 1 pt 1.1 commenced 27 August 2008 (s 2)\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.1\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 March 2012 (s 2 (1) and see Evidence Act\n","sortOrder":118},{"sectionNumber":"2011","sectionType":"section","heading":"A2011-12, s 2 and CN2012-4)","content":"2011 A2011-12, s 2 and CN2012-4)\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.1\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.1 commenced 11 September 2012 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 pt 2\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\npt 2 commenced 17 November 2014 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.3\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.3 commenced 14 October 2015 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.1\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 April 2016 (s 2 and see Protection of Rights\n(Services) Legislation Amendment Act 2016 A2016-1 s 2)\n\nLand Titles (Electronic Conveyancing) Legislation Amendment Act\n","sortOrder":119},{"sectionNumber":"2020","sectionType":"section","heading":"A2020-16 sch 1 pt 1.1","content":"2020 A2020-16 sch 1 pt 1.1\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 June 2020 (s 2 and see Electronic\nConveyancing National Law (ACT) Act 2020 A2020-15 s 2)\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 4\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 4 commenced 26 February 2021 (s 2 (1))\nAct 2021 (No 2) A2021-33 pt 2\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 2 commenced 17 December 2021 (s 2 (1))\nAct 2023 (No 3) A2023-57 pt 3\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 3 commenced 12 December 2023 (s 2 (1))\n\ns 2 om A2001-44 amdt 1.22\nins A2007-3 amdt 3.3\nNotes\ns 3 am Ord1930-11 s 2\nins A2007-3 amdt 3.3\nParts\ns 4 am Ord1953-5 s 2\nsub Ord1965-20 s 3\nam Ord1967-9 s 3; Ord1969-16 s 3; Ord1970-25 s 4\nom Ord1976-53 s 3\nInterpretation for Act\ns 5 am Ord1965-20 s 4; Ord1967-9 s 4; A1999-66 sch 3\ndefs reloc to dict A2007-3 amdt 3.8\nom A2007-3 amdt 3.9\ndef acting curator ins Ord1965-20 s 4\ndef acting deputy curator ins Ord1965-20 s 4\ndef acting deputy registrar ins Ord1965-20 s 4\ndef acting registrar ins Ord1965-20 s 4\ndef city area om Ord1985-9 sch 1\ndef Commonwealth country ins Ord1965-20 s 4\nom Ord1969-16 s 4\ndef court ins A1996-15 sch\nom A2007-3 amdt 3.4\ndef deceased person or the deceased am Ord1930-11 s 3;\nsub Ord1965-20 s 4\nom A2007-3 amdt 3.5\ndef deputy curator ins Ord1965-20 s 4\ndef deputy registrar ins Ord1965-20 s 4\nom A2006-40 amdt 2.1\ndef judge ins Ord1937-13 s 3\nom Ord1984-67 sch\n\ndef justice om Ord1937-13 s 3\ndef portion of His Majesty’s Dominions ins Ord1934-6 s 2\nom Ord1965-20 s 4\ndef public trustee ins Ord1985-9 s 4\nom A2007-3 amdt 3.6\ndef seal of the court ins A1996-15 sch\nom A2005-60 amdt 1.1\ndef the court sub Ord1937-13 s 3; Ord1965-20 s 4\nom A1996-15 sch\ndef the curator sub Ord1965-20 s 4\ndef the registrar sub Ord1965-20 s 4\ndef the registrar of titles sub Ord1965-20 s 4\nom A1993-64 sch 1\ndef the seal of the court ins Ord1934-2 s 2\nsub Ord1965-20 s 4\nom A1996-15 sch\nAdministration\ns 6 om Ord1985-9 sch 1\nAdministration\npt 2 hdg om A2006-40 amdt 2.3\nRegistrar of Probates\ns 7 am Ord1930-11 s 4\nsub Ord1965-20 s 5\nam Ord1988-17 sch 2; Ord1988-34 s 4\nDeputy Registrars of Probates\ns 7A ins Ord1965-20 s 5\nam Ord1988-34 s 5\nSignature stamp\ns 7B hdg sub A2005-60 amdt 1.2\ns 7B ins Ord1965-20 s 5\nam Ord1988-17 sch 2; Ord1988-34 s 6; A1994-97 sch pt 1;\nA2005-60 amdt 1.3; ss renum A2005-60 amdt 1.4\n\nPowers and duties of deputies\ns 8 sub Ord1930-11 s 5\nsub Ord1965-20 s 5\nPowers of acting curator, deputy curator, etc\ns 8A ins Ord1965-20 s 5\nSeal and stamp of the curator\ns 8B ins Ord1965-20 s 5\nJurisdiction of Supreme Court\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R6 LA\nPreliminary\npt 3 div 3A hdg ins Ord1967-9 s 5\nom A1996-15 s 7\nRights of spouses to intestate dwelling-houses\npt 3 div 3B hdg ins Ord1967-9 s 5\nom A1996-15 s 12\nSimultaneous deaths\npt 3 div 3C hdg ins Ord1984-67 s 12\nom A1996-15 s 13\nSupreme Court to make finding about domicile of deceased person\ns 8C ins Ord1970-25 s 5\nam Ord1984-67 s 4; Ord1985-9 sch 1; A1996-15 sch;\nA1999-66 sch 3; A2006-40 amdt 2.4; A2016-13 amdt 1.2\nProbate or administration may be granted\ns 9 am Ord1965-20 s 6\nEvidence of death\ns 9A ins Ord1965-20 s 7\nGrant on presumption of death\ns 9B ins Ord1965-20 s 7\nam Ord1969-16 s 5; A1996-15 sch; A2006-40 amdts 2.5-2.8;\nA2007-3 amdt 3.13\nEvidentiary effect of probate and letters of administration\ns 9C ins A2011-48 amdt 1.1\nIssue of probate by registrar\ns 10 am Ord1965-20 s 8; Ord1984-67 s 5; A1996-15 sch; pars\nom A2006-40 amdt 2.9\n\nSealing of probate and letters of administration\ns 10A ins Ord1930-11 s 6\nam Ord1965-20 s 9; A1996-15 sch\nom A2006-40 amdt 2.9\nGrant to single executor reserving leave to others to apply\ns 10B ins Ord1965-20 s 10\nGrant of probate to public trustee and guardian etc\ns 10C ins Ord1965-20 s 10\nsub Ord1985-9 s 5; A2016-13 amdt 1.1\nEligible administrators\ns 12 am Ord1974-47 sch 1\nsub A1996-15 s 5\nam A2004-2 amdt 1.8; A2006-40 amdt 2.10\nRights and duties of administrator\ns 13 am Ord1937-3 s 2\nom Ord1947-15 s 2\nins A1999-66 sch 3\nam A2001-44 amdt 1.23, amdt 1.24; A2007-3 amdt 3.14\nAdministration bond to be given\ns 14 sub Ord1965-20 s 11; Ord1969-16 s 6\nam Ord1984-67 sch; Ord1985-9 sch 1; A1996-15 sch\nAmount of penalty on administration bond\ns 15 am Ord1930-11 s 7; Ord1937-13 sch; Ord1965-20 s 12;\nOrd1967-9 sch\nom Ord1969-16 s 6\nPowers of registrar as to sureties, penalty, etc\ns 16 am Ord1965-20 s 13; Ord1967-9 sch\nom Ord1969-16 s 6\nOrder may be made to assign bond\ns 17 am Ord1930-11 s 8; Ord1937-13 sch; Ord1984-67 sch;\nOrder to assign bond in creditor’s administration\ns 18 am Ord1930-11 s 9; Ord1937-13 sch; Ord1984-67 sch;\nOrd1985-9 s 6, sch 1; A1996-15 sch\nProbate or administration may be revoked or further bond required\ns 18A ins Ord1965-20 s 14\nam Ord1984-67 sch; A1996-15 sch\n\nApplication by surety for relief\ns 19 om A2003-2 s 5\nRenunciation or non-appearance by executor\ns 20 am A1996-15 sch\nsub A2006-40 amdt 2.11\nRenunciation etc by person appointed both executor and trustee of will\ns 20A ins Ord1930-11 s 10\nsub A2006-40 amdt 2.11\nAdministration to guardian of child sole executor\ns 21 am Ord1974-47 sch 1; A1996-15 sch; A1999-66 sch 3;\nA2007-3 amdt 3.13\nAdministration under power of attorney\ns 22 am Ord1965-20 s 15\nsub A1996-15 s 6\nAdministration pendente lite and receiver\ns 23 am A2003-2 s 6; A2007-3 amdt 3.14\nPower to appoint administrator\ns 24 am A1996-15 sch; A2007-3 amdt 3.14\nFailure of executor to prove will\ns 25 am Ord1937-13 s 4; Ord1974-47 sch 1; A1996-15 sch\nsub A2006-40 amdt 2.12\nam A2008-29 amdt 1.1\nIssue of special letters of administration\ns 26 am A1996-15 sch; A2006-40 amdt 2.13\nSpecial administrator to make certain affidavits\ns 27 am A1996-15 sch\nOn return of original executor or administrator special administration to be\nrevoked\ns 28 hdg am A2006-40 amdt 2.14\ns 28 am Ord1930-11 s 11; Ord1937-13 sch; Ord1984-67 sch;\nA2006-40 amdt 2.15\nAccounting by special administrator\ns 29 am A1996-15 sch; A2006-40 amdt 2.16\nLiability of executor or administrator neglecting to apply for revocation of\nspecial administration\ns 30 hdg am A2006-40 amdt 2.17\ns 30 am A1996-15 sch; A2006-40 amdt 2.17, amdt 2.18; A2007-3\namdt 3.14\n\nRevocation of grants not to prejudice actions or suits\ns 31 am Ord1930-11 s 12; A1996-15 sch; A2006-40 amdt 2.19\nDischarge or removal of executors and administrators\ns 32 am Ord1930-11 s 13; Ord1937-13 sch; Ord1984-67 sch;\nA1996-15 sch; pars renum R6 LA\nsub A2008-7 amdt 1.1\nRevocation of grant if person living at date of grant\ns 32A ins Ord1965-20 s 16\nEffect of revocation of grant\ns 32B ins Ord1965-20 s 16\nam Ord1969-16 s 7; A1993-64 sch 1; A1995-54 sch pt 1;\nA1996-15 sch; pars renum R6 LA\nCaveats\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R6 LA\nCaveat may be lodged\ns 33 am A1996-15 sch\nIf caveat lodged court may grant order nisi\ns 34 om A2006-40 amdt 2.20\nService of order nisi\ns 35 am A1996-15 sch\nProceeding if caveator does not appear\ns 36 om A2006-40 amdt 2.20\nEvidence on hearing of order nisi\ns 37 om A2006-40 amdt 2.20\nWithdrawal and removal of caveat\ns 37A ins Ord1965-20 s 17\nCosts if caveat lodged by public trustee\ns 38 am Ord1985-9 s 7; A1996-15 sch\nEffect of grant of representation\ndiv 3.3 hdg (prev pt 3 div 3 hdg) renum R6 LA\n\nEstate to vest in public trustee and guardian until grant\ns 38A hdg am A2016-13 amdt 1.2\ns 38A ins Ord1965-20 s 18\nam Ord1985-9 s 8; A2016-13 amdt 1.2\nsub A2021-3 s 6\nReal and personal estate to vest in executor or administrator\ns 39 am Ord1965-20 s 19; A1996-15 sch\nReal estate held in trust\ns 40 am Ord1965-20 s 20; A1996-15 sch\nProperty of deceased to be assets\ns 41 am Ord1934-6 s 3; A1996-15 sch\nProperty of deceased liable for debts\ns 41A ins Ord1965-20 s 21\nam A1996-15 sch; A2008-22 amdt 1.1\nAppointments by will under general power\ns 41B ins Ord1965-20 s 21\nam A1996-15 sch; A2008-22 amdt 1.2, amdt 1.3\nAdministration of assets\ns 41C ins Ord1965-20 s 21\nam A1996-15 sch; A2008-7 amdt 1.17; A2008-22 amdt 1.4\nApplication of income of settled residuary estate\ns 41D ins Ord1965-20 s 21\nam A1996-15 sch; A2008-22 amdt 1.4\nReal estate to be held on trusts of will\ns 42 am A1996-15 sch\nRights of executor in relation to real estate\ns 43 am A1996-15 sch\nPosition of executor of an executor\ndiv 3.4 hdg (prev pt 3 div 4 hdg) ins A1999-66 sch 3\nrenum R14 LA\ndiv 3.4 note ins A1999-66 sch 3\nam A2001-44 amdt 1.25, amdt 1.26\nExecutor of executor\ns 43A ins A1999-66 sch 3\nam A2008-7 amdt 1.2\nWhen ceases to represent deceased\ns 43B ins A1999-66 sch 3\n\nRights and liabilities of executor of executor\ns 43C ins A1999-66 sch 3\nIntestacy\npt 3A hdg ins A1996-15 s 7\nPreliminary\ndiv 3A.1 hdg (prev pt 3A div 1 hdg) ins A1996-15 s 7\nInterpretation for pt 3A\ns 44 sub Ord1967-9 s 5\nam A1996-15 s 8, sch; A2008-7 amdt 1.3\ndef eligible partner sub A2004-2 amdt 1.1\nam A2006-22 amdt 1.1 (A2006-22 rep before commenced\nby disallowance (see Cwlth Gaz 2006 No S93));\nA2008-29 amdt 1.2; A2012-40 amdt 3.1\ndef legal spouse om A2004-2 amdt 1.2\ndef partner ins A2004-2 amdt 1.3\nam A2006-22 amdt 1.2 (A2006-22 rep before commenced\nby disallowance (see Cwlth Gaz 2006 No S93));\nA2008-29 amdt 1.3; A2012-40 amdt 3.2\ndef personal chattels sub A2023-57 s 6\ndef spouse om A2004-2 amdt 1.4\nDistribution on intestacy\ndiv 3A.2 hdg (prev pt 3A div 2 hdg) ins A1996-15 s 9\nWhole blood or half-blood relationships\ns 44A ins A2008-7 amdt 1.4\nExecutor or administrator to hold property of intestate on trust for persons\nentitled\ns 45 am Ord1954-2 s 2; Ord1965-20 s 22\nsub Ord1967-9 s 5\nDistribution between spouse, civil union partner or civil partner and eligible\npartner\ns 45A hdg sub A2008-29 amdt 1.4\nam A2012-40 amdt 3.3\ns 45A ins A1996-15 s 10\nsub A2004-2 amdt 1.5\nam A2006-22 amdt 1.3 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-29\namdt 1.5; A2012-40 amdt 3.3\n\nEntitlement of children\ns 46 sub Ord1967-9 s 5\nam Ord1974-47 sch 1; A1996-15 sch; A2006-22\namdts 1.4-1.6 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2012-40\namdts 3.4-3.6\nsub A2021-3 s 7\nPresumption of survivorship not to apply\ns 47 sub Ord1967-9 s 5\nom Ord1984-67 s 6\nEstate by courtesy or right of dower not to arise\ns 48 sub Ord1967-9 s 5\nDistribution of intestate estate\ns 49 am Ord1930-11 s 14; Ord1937-13 sch\nsub Ord1967-9 s 5\nam Ord1984-67 s 7; A1996-15 sch; R5 LRA; A2004-2\namdt 1.8\nInterest of partner on intestacy in personal chattels\ns 49A hdg am A2004-2 amdt 1.8\ns 49A ins Ord1967-9 s 5\nImmovable property if intestate domiciled elsewhere\ns 49AA ins Ord1984-67 s 8\nam A1996-15 sch; A2004-2 amdt 1.8; A2008-7 amdt 1.5\nHow distribution to issue is made\ns 49B ins Ord1967-9 s 5\nam Ord1984-67 s 9; A1996-15 sch\nGifts made before death of intestate\ns 49BA ins Ord1984-67 s 10\nam A1996-15 s 11; A2004-2 amdt 1.6, amdt 1.7; A2006-22\namdt 1.7 (A2006-22 rep before commenced by disallowance\n(see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.1;\nA2012-40 amdt 3.7\nHow distribution to next of kin is made\ns 49C ins Ord1967-9 s 5\nam A1996-15 sch; A2008-7 amdt 1.17\nHow distribution to the Territory is made\ns 49CA ins Ord1989–17 s 3\nam Ord1989-38 s 3; A2016-13 amdt 1.2\n\nPartial intestacies\ns 49D ins Ord1967-9 s 5\nam Ord1984-67 s 11; A1996-15 sch; ss renum R6 LA;\nA2004-2 amdt 1.8; A2008-7 amdt 1.6\nEffect of disclaimer or forfeiture\ns 49DA ins A2023-57 s 7\nPresumptions of parentage\ns 49E ins Ord1967-9 s 5\nsub Ord1989–19 s 4\nam A1998-42 s 12; A2004-1 amdt 1.1\nRights of partners to intestate dwelling houses\ndiv 3A.3 hdg (prev pt 3A div 3 hdg) ins A1996-15 s 12\nDefinitions for div 3A.3\ns 49F ins Ord1967-9 s 5\nClaim by partner to dwelling house\ns 49G hdg am A2004-2 amdt 1.8\ns 49G ins Ord1967-9 s 5\nam A1996-15 sch; A2001-56 amdt 3.1; A2004-2 amdt 1.8\nValuation\ns 49H ins Ord1967-9 s 5\nRight not exercisable for certain tenancies\ns 49J ins Ord1967-9 s 5\nRight not exercisable in certain other cases\ns 49K ins Ord1967-9 s 5\nPersonal representative not to sell or dispose of interest without consent\ns 49L ins Ord1967-9 s 5\nRule that trustee not to purchase trust property\ns 49M ins Ord1967-9 s 5\nIf surviving partner is under legal disability\ns 49N hdg am A2004-2 amdt 1.8\ns 49N ins Ord1967-9 s 5\nam Ord1974-47 sch 1; A1996-15 sch; A2004-2 amdt 1.8\n\nSimultaneous deaths\npt 3B hdg ins A1996-15 s 13\nSimultaneous deaths—devolution of property generally\ns 49P ins Ord1984-67 s 12\nsub A2006-38 amdt 1.1\nSimultaneous deaths—devolution of jointly owned property\ns 49Q ins A2006-38 amdt 1.1\nFunctions of Executors and Administrators\npt 3C hdg (prev div 4 pt 3 hdg) sub A1996-15 s 14\nPowers of executors and administrators to sell, mortgage or lease real estate\ns 50 am Ord1965-20 s 23; Ord1967-9 s 6; A1993-64 sch 1;\nA1996-15 sch; ss renum R6 LA; A2004-2 amdt 1.8; A2008-7\namdt 1.17; A2008-22 amdt 1.5; ss renum R19 LA\nSupreme Court may make special order\ns 51 am Ord1930-11 s 15; Ord1937-13 sch; Ord1965-20 s 24;\nSupreme Court may authorise postponement of realisation and carrying on\nof business\ns 51A ins Ord1934-6 s 4\nSupreme Court may order partition in summary way\ns 52 am Ord1930-11 s 16; Ord1937-13 sch; Ord1984-67 sch;\nA1993-64 sch 1; A1995-54 sch pt 1; A1996-15 sch;\nA2020-16 amdt 1.1\nPersonal representative not required to continue to act against own consent\ns 53 am Ord1930-11 s 17; Ord1937-13 sch; Ord1984-67 sch;\nIn suits executor or administrator to represent real estate\ns 54 am A1996-15 sch\nAll debts to stand in equal degree\ns 55 am A1996-15 sch; A2007-3 amdt 3.10, amdt 3.11\nInterest on legacies\ns 55A ins A1991-69 s 3\nam A2001-44 amdt 1.27, amdt 1.28\nExecutor may sign acknowledgment instead of conveyance\ns 56 am A1993-64 sch 1; A1995-54 sch pt 1; A1996-15 sch;\nA2006-40 amdt 2.21\n\nSummary application for legacy etc\ns 57 am Ord1930-11 s 18; Ord1937-13 sch; Ord1984-67 sch;\nExamination and passing of accounts etc\ns 58 am Ord1930-11 s 19; Ord1965-20 s 25; Ord1984-67 s 13;\nOrd1989–19 s 5; A1996-15 sch\nsub A2006-40 amdt 2.22\nPassing and allowance of accounts of executors and administrators\ns 58A ins Ord1930-11 s 20\nam Ord1933-9 s 2; Ord1965-20 s 26\nIf accounts not exhibited registrar to summon administrator before court,\nwhich may inflict penalty\ns 59 am Ord1965-20 s 27; A1996-15 sch\nProceedings under s 59 not to affect other proceedings\ns 60 am A1996-15 sch\nsub A2003-2 s 7\nSupreme Court may make order about disposal of money in hands of\nexecutor etc\ns 61 am Ord1930-11 s 21; Ord1937-13 s 5, sch; Ord1984-67 sch;\nPayments under revoked probates or administrations valid\ns 62 am Ord1930-11 s 22; Ord1965-20 s 28; A1996-15 sch;\nA2006-40 amdt 2.23\nNotice before distribution of assets\ns 64 am Ord1937-13 sch; Ord1989–19 s 6; A1993-64 sch 1;\nA1999-66 sch 3; ss renum R6 LA; A2007-3 amdt 3.14;\nA2008-7 amdt 1.7; A2014-49 s 4\nsub A2021-33 s 4; A2023-57 s 8\nClaims barred against executor or administrator in certain cases\ns 65 am Ord1930-11 s 23; Ord1937-13 sch; Ord1984-67 sch;\nDistribution of estate by executors and administrators\ns 66 am Ord1930-11 s 24; A1996-15 sch\nRight to follow assets\ns 67 am A1996-15 sch\nExecutors may compound etc\ns 68 am Ord1965-20 s 29; A1996-15 sch; A2007-3 amdt 3.14\n\nEvery executor etc taken to be resident in ACT\ns 69 am Ord1965-20 s 30; A1996-15 sch; A2006-40 amdt 2.24;\nss renum R13 LA\nCommission, charges and costs\npt 3 div 5 hdg om A1996-15 s 15\nExecutors etc may be allowed commission\ns 70 am Ord1930-11 s 25; Ord1932-13 s 3; Ord1937-13 sch;\nOrd1967-9 sch; Ord1984-67 s 14, sch; A1996-15 sch; ss\nrenum R6 LA; A2002-27 s 4\nsub A2006-40 amdt 2.25\nLimits of professional charges for obtaining probate etc\ns 71 am Ord1930-11 s 26; Ord1937-13 sch\nsub Ord1950-16 s 2\nam Ord1965-20 s 31; Ord1967-9 s 7, sch; Ord1976-53 s 4;\nOrd1984-67 sch; A1996-15 sch; ss renum R6 LA; A2002-27\ns 5; A2006-40 amdt 2.26, amdt 2.27\nom A2008-7 amdt 1.8\nAdditional charge where necessary to employ agent\ns 72 am Ord1950-16 s 3\nom Ord1965-20 s 32\nBill to be taxed by taxing officer\ns 73 sub Ord1950-16 s 4\nom A2006-40 amdt 2.28\nTaxing rules to apply\ns 74 am Ord1950-16 s 5\nom A2006-40 amdt 2.28\nLiability of certain persons in relation to deceased estates\npt 3D hdg ins A1999-66 sch 3\npt 3D note ins A1999-66 sch 3\nam A2001-44 amdt 1.29, amdt 1.30\nFraudulently obtaining or keeping property\ns 74A ins A1999-66 sch 3\nPersons liable for waste of deceased estate\ns 74B ins A1999-66 sch 3\nSmall estates\npt 4 hdg om A2008-7 amdt 1.9\nApplication to registrar for probate or administration\ns 75 am Ord1965-20 s 33; Ord1967-9 sch; Ord1974-43 sch;\nA1991-20 s 3\n\nDuties of registrar\ns 76 am Ord1974-27 s 2; A1996-15 sch; A2003-2 s 8; A2007-3\namdt 3.14\nIssue of probate or administration in name of Supreme Court\ns 77 am Ord1930-11 s 27; Ord1965-20 s 34; Ord1967-9 sch;\nOrd1974-43 sch; A1991-20 s 4; A2006-40 amdt 2.29\nMatters about which registrar not satisfied\ns 78 am A1996-15 sch\nObligation of registrar\ns 79 am Ord1965-20 s 35; A1996-15 sch; A1997-96 sch 1\nOrders to collect and administer estates for pt 5\ns 79A ins A2003-2 s 9\nInclusion of orders to collect and Scottish confirmation\ns 79B ins A2003-2 s 9\nReseal of grant made in reciprocating jurisdiction\ns 80 hdg note om A2006-40 amdt 2.30\ns 80 sub Ord1965-20 s 36\nam Ord1969-16 s 8; Ord1985-9 sch 1; A1996-15 sch;\nss renum R6 LA\nsub A2003-2 s 10\nam A2006-40 amdt 2.31; ss renum R13 LA\nRegistrar not to seal\ns 80A ins A2003-2 s 10\nSupreme Court may require security\ns 80B ins A2003-2 s 10\nEffect of sealing\ns 80C ins A2003-2 s 10\nCaveat\ns 81 am Ord1965-20 s 37\nSeal not to be attached until duty is paid etc\ns 82 am Ord1930-11 s 28; Ord1965-20 s 38; A1996-15 sch;\nA2003-2 s 11\n\nInclusion of orders to collect and Scotch confirmation\ns 83 sub Ord1965-20 s 39\nom A2003-2 s 12\nSpecial provisions with respect to death duty payable under state law\npt 5A hdg ins Ord1970-25 s 6\nInterpretation\ns 83A ins Ord1970-25 s 6\nDeath duty etc payable under law of a State to constitute a debt payable out\nof Territory assets\ns 83B ins Ord1970-25 s 6\nam Ord1985-9 sch 1; A1996-15 sch\nPublic trustee and guardian\npt 6 hdg sub Ord1965-20 s 40; Ord1985-9 s 9\nCurator to give security\ns 84 sub Ord1965-20 s 41\nSuccessors to have power of administration de bonis non\ns 85 om Ord1985-9 sch 1\nProceedings by and against curator\ns 86 am Ord1965-20 s 42\nAs to fees and commission\ns 87 sub Ord1960-6 s 3\nam Ord1967-9 sch; Ord1974-43 s 2\nAppointment of agents\ns 87A ins Ord1937-13 s 6\nEstates valued at $30 000 or less\ns 87B hdg am A1991-20 s 5\ns 87B ins Ord1965-20 s 43\nam Ord1967-9 sch; Ord1969-16 s 9; Ord1974-43 sch;\nOrd1985-9 sch 1; A1991-20 s 5; A1996-15 sch; A2006-40\namdt 2.33\nsub A2008-7 amdt 1.10\n\nEstates valued at $150 000 or less\ns 87C hdg sub A2008-7 amdt 1.11\ns 87C ins Ord1965-20 s 43\nam Ord1967-9 sch; Ord1969-16 s 10; Ord1974-43 sch;\nOrd1985-9 sch 1; A1991-20 s 6; A1996-15 sch; A2006-40\namdt 2.34, amdt 2.35; A2008-7 amdt 1.12; A2008-22\namdts 1.6-1.8; A2015-33 amdt 1.4; A2016-13 amdt 1.2\nOrders to public trustee and guardian to collect and administer\ns 88 hdg am A2016-13 amdt 1.2\ns 88 am Ord1937-13 s 7; Ord1943-7 s 4; Ord1985-9 s 10, sch 1;\nA1996-15 sch; A2004-2 amdt 1.8; A2006-40 amdt 2.36;\nA2007-3 amdt 3.14; A2016-13 amdt 1.2\nEffect of order\ns 89 am Ord1937-13 s 8; Ord1965-20 s 44; Ord1985-9 sch 1;\nA1996-15 sch; ss renum R6 LA; A2007-3 amdt 3.14;\nA2008-22 amdts 1.9-1.11; A2016-13 amdt 1.2\nGrant of probate or administration despite appointment of public trustee and\ns 90 hdg am A2016-13 amdt 1.2\ns 90 am Ord1937-13 s 9; Ord1965-20 s 45; Ord1985-9 s 11, sch 1;\nA1999-66 sch 3; A2006-40 amdt 2.37; A2016-13 amdt 1.2\nCessation of rights and liabilities of public trustee and guardian\ns 91 hdg am A2016-13 amdt 1.2\ns 91 am Ord1985-9 s 12, sch 1; A1996-15 sch; A2007-3 amdt 3.14;\nA2008-22 amdts 1.12-1.14; A2016-13 amdt 1.2\nOrder to public trustee and guardian to collect and administer in special\ncircumstances\ns 92 hdg am A2016-13 amdt 1.2\ns 92 am Ord1932-13 s 4; Ord1937-13 s 10, sch; Ord1984-67 sch;\nOrd1985-9 s 13, sch 1; A1996-15 sch; A2016-13 amdt 1.2\nNotice of order to be published\ns 93 am Ord1932-13 s 5; Ord1937-13 s 11, sch; Ord1984-67 sch;\nsub A2015-33 amdt 1.5\nLike notices to next of kin\ns 94 am Ord1932-13 s 6\nsub Ord1937-13 s 12\nam Ord1965-20 s 46\n\nPayment to curator in a State or Territory\ns 94A ins Ord1937-13 s 12\nsub Ord1965-20 s 47\nCurator may receive payment of estate situated in another State or Territory\ns 94B ins Ord1937-13 s 12\nsub Ord1965-20 s 47\nSupreme Court orders against public trustee and guardian\ns 95 hdg am A2016-13 amdt 1.2\ns 95 am Ord1930-11 s 29; Ord1937-13 s 13, sch; Ord1984-67 sch;\nOrd1985-9 s 14, sch 1\nsub A1996-15 sch\nam A2006-40 amdt 2.38, amdt 2.39; A2016-13 amdt 1.2\nOrders on complaints under s 95\ns 96 am Ord1930-11 s 30; Ord1937-13 s 14, sch; Ord1984-67 sch;\nsub A2006-40 amdt 2.40\nPublic trustee and guardian to act as Supreme Court directs\ns 97 hdg am A2016-13 amdt 1.2\ns 97 am Ord1930-11 s 31; Ord1937-13 s 15, sch; Ord1984-67 sch;\nOrd1985-9 s 15, sch 1; A2016-13 amdt 1.2\nPublic trustee and guardian may obtain directions of Supreme Court\ns 97A hdg am A2016-13 amdt 1.2\ns 97A ins Ord1937-13 s 16\nam Ord1984-67 sch; Ord1985-9 s 16, sch 1; A1996-15 sch;\nA2006-40 amdt 2.41; ss renum R13 LA; A2016-13 amdt 1.2\nProceedings for estates administered by the public trustee and guardian\ns 98 hdg am A2016-13 amdt 1.2\ns 98 am Ord1930-11 s 32; Ord1937-13 sch; Ord1984-67 sch;\nsub A2008-7 amdt 1.13\nPayment of debts\ns 99 am Ord1937-13 s 17\nPayment to relatives etc in petty cases\ns 100 am Ord1930-11 s 33; Ord1937-13 sch\nom Ord1965-20 s 48\nAccounts to be kept etc\ns 101 am Ord1937-13 s 18; Ord1965-20 s 49; Ord1985-9 sch 1;\nA1996-15 sch; A2016-13 amdt 1.2\n\nReceipt of public trustee and guardian sufficient discharge\ns 102 hdg am A2016-13 amdt 1.2\ns 102 am Ord1985-9 s 17, sch 1; A1996-15 sch; A2016-13 amdt 1.2\nAccounts to be audited by auditor-general\ns 103 am Ord1937-13 s 19\nsub Ord1969-16 s 11\nThe curator to invest moneys after expiration of 6 months\ns 104 am Ord1933-9 s 3; Ord1937-13 s 20, sch; Ord1943-7 s 5;\nCurator not liable for acts done in the performance of his duties\ns 105 om Ord1985-9 sch 1\nProceeds of property of third person to be handed over to him\ns 106 om Ord1985-9 sch 1\nConveyance of escheated lands and disposal of proceeds of sale\ns 107 am Ord1965-20 s 50; Ord1985-9 sch 1\nom Ord1989–17 s 4\nUnclaimed moneys\ns 108 am Ord1930-11 s 34\nsub Ord1965-20 s 51; Ord1969-16 s 12\nParties entitled may apply subsequently\ns 109 am Ord1930-11 s 35; Ord1937-13 sch\nsub Ord1965-20 s 51\nom Ord1969-16 s 12\nTestator’s family maintenance\npt 7 hdg sub Ord1953-5 s 3; Ord1954-2 s 3\nWhere no adequate provision made by deceased person, court may make\norders, etc\ns 110 om Ord1953-5 s 4\nins Ord1954-2 s 3\nam Ord1967-9 s 8\nCourt may make order for widow’s or children’s maintenance\ns 111 am Ord1930-11 s 36; Ord1937-13 sch; Ord1953-5 s 5\nam Ord1967-9 s 9\n\nApplication by summons in chambers\ns 112 om Ord1930-11 s 37\nins Ord1954-2 s 3\nService of notice of application\ns 113 am Ord1930-11 s 38; Ord1937-13 sch\nPowers of court\ns 114 am Ord1930-11 s 39; Ord1937-13 sch; Ord1953-5 s 6\nCourt to consider net estate and widow’s or children’s means\ns 115 am Ord1930-11 s 40; Ord1937-13 sch; Ord1953-5 s 7\nCases in which court may refuse application\ns 116 am Ord1930-11 s 41; Ord1937-13 sch\nContents of order\ns 117 am Ord1938-35 sch 2; Ord1953-5 s 8\nAdjustment of duty\ns 118 om Ord1954-2 s 3\nTime within which application to be made\ns 119 sub Ord1953-5 s 9\nom Ord1954-2 s 3\nPractice\ns 120 om Ord1930-11 s 42\nProcedure\npt 8 hdg om A2006-40 amdt 2.42\nMethod of taking evidence\ns 121 am A2002-40 amdt 3.2\nom A2006-40 amdt 2.42\nTrial of question of fact by jury\ns 122 om Ord1965-20 s 52\nQuestion to be stated\ns 123 om Ord1965-20 s 52\n\nOrder to produce instrument purporting to be testamentary\ns 124 am Ord1930-11 s 43; Ord1937-13 sch; Ord1984-67 sch;\nom A2006-40 amdt 2.42\nRegistrar to keep record of probates etc\ns 125 am Ord1965-20 s 53; pars renum R6 LA\nom A2006-40 amdt 2.43\nProved wills and other documents to be held by Supreme Court\ns 125A ins Ord1965-20 s 54\nam Ord1984-67 sch; A1996-15 sch\nOfficial certificate or copy of grants and wills obtainable\ns 125B ins Ord1965-20 s 54\nam Ord1980-8 s 4; Ord1984-67 sch; A1993-91 sch 3;\nA2004-60 amdt 1.2\nPeople entitled to inspect will of deceased person\ns 126 am Ord1965-20 s 55\nom A2006-40 amdt 2.43\nins A2014-49 s 5\nam A2023-57 s 9\nPerson fraudulently disposing of will liable for damages\ns 127 sub Ord1965-20 s 56\nApplication of amendments made by Administration and Probate\n(Amendment) Act 1996\ns 128 om Ord1937-13 s 21\nins A2000-80 amdt 3.1\nRegulation-making power\ns 129 am Ord1930-11 s 44; Ord1937-13 sch; Ord1937-27 sch 2;\nins A2023-57 s 10\nSeal of the court\ns 129A ins Ord1934-2 s 3\nom Ord1965-20 s 57\nTransitional\npt 10 hdg om Ord1980-8 s 5\nins A2006-40 amdt 2.44\nom R15 LA\nFees\ns 130 am Ord1930-11 s 45; Ord1974-43 s 3\nom Ord1980-8 s 5\n\nThings done by registrar of probates etc\ns 150 ins A2006-40 amdt 2.44\nexp 29 March 2007 (s 150 (4) (LA s 88 declaration applies))\nSchedules\nschedules hdg om A1999-66 sch 3\n","sortOrder":120},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":null,"content":"Schedule 1\nsch 1 hdg om A1999-66 sch 3\nsch 1 sub Ord1930-11 s 46\nam Ord1938-35 sch 2\n","sortOrder":121},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nsch 2 om Ord1960-6 s 4\nFees\nsch 3 sub Ord1960-6 s 4\nsub Ord1967-9 s 10; Ord1974-27 s 3\nom Ord1980-8 s 6\nsch 4 ins Ord1965-20 s 58\nOrder of application of assets if estate solvent\npt 4.1 hdg (prev pt 1 hdg) renum R6 LA\nRules about payment of debts and liabilities if estate insolvent\npt 4.2 hdg (prev pt 2 hdg) renum R6 LA\nCommonwealth countries\nsch 5 ins Ord1965-20 s 58\nom Ord1969-16 s 14\nDistribution of intestate estate on intestacy\nsch 6 ins Ord1967-9 s 11\nam Ord1984-67 s 15; Ord1989–17 s 5; Ord1989-38 sch 1;\nA1996-15 s 16; A2004-2 amdt 1.8; A2008-7 amdt 1.14\nDistribution of estate if intestate survived by partner\npt 6.1 hdg (prev sch 6 pt 1 hdg) renum R6 LA\nDistribution of estate if intestate not survived by partner\npt 6.2 hdg (prev sch 6 pt 2 hdg) renum R6 LA\n\ndict ins A2007-3 amdt 3.12\nam A2008-14 amdt 1.2; A2012-40 amdt 3.8; A2014-49 s 6;\nA2016-13 amdt 1.2\ndef administration am Ord1937-13 s 3\ndef administration bond ins A2003-2 s 4\ndef administrator am Ord1937-13 s 3\ndef distribute ins Ord1937-13 s 3\ndef dwelling house ins A2008-7 amdt 1.15\ndef election ins Ord1965-20 s 4\ndef eligible partner ins A2008-7 amdt 1.15\ndef intestate ins A2008-7 amdt 1.15\ndef original executor ins A2008-7 amdt 1.15\ndef partner ins A2008-7 amdt 1.15\ndef personal chattels ins A2008-7 amdt 1.15\ndef personal representative ins A2008-7 amdt 1.15\ndef prescribed reloc from s 5 A2007-3 amdt 3.8\ndef probate ins Ord1932-13 s 2\ndef public trustee ins A2007-3 amdt 3.12\ndef purposes of administration reloc from s 5 A2007-3\namdt 3.8\ndef registrar ins A1994-97 sch pt 1\nsub A2006-40 amdt 2.2\ndef representation reloc from s 5 A2007-3 amdt 3.8\nsub A2008-7 amdt 1.16\ndef rules am Ord1930-11 s 3\nsub A1999-66 sch 3; A2004-60 amdt 1.1\nam A2007-3 amdt 3.7\ndef will ins Ord1965-20 s 4\n\n","sortOrder":122},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1991-20 31 August 1991\n2 A1993-91 31 January 1994\n3 A1994-97 31 January 1995\n4 A1996-15 30 November 1996\n5 A1998-42 31 August 1999\n6 A2001-56 9 May 2002\n7 A2002-27 10 September 2002\n8 A2002-40 1 November 2002\n9 A2003-2 31 March 2003\n10 A2004-2 22 March 2004\n11 A2004-60 10 January 2005\n12 A2005-60 22 December 2005\n13 A2006-40 29 September 2006\n14 A2007-3 28 March 2007\n15 A2007-3 30 March 2007\n16 A2007-3 12 April 2007\n17 A2008-7 7 May 2008\n18 A2008-14 19 May 2008\n19 A2008-22 29 July 2008\n20* A2008-29 27 August 2008\n21 A2011-48 1 March 2012\n\nEarlier republications 5\nRepublication No Amendments to Republication date\n22 A2012-40 11 September 2012\n23 A2014-49 17 November 2014\n24 A2015-33 14 October 2015\n25 A2016-13 1 April 2016\n26 A2020-16 1 June 2020\n27 A2021-3 26 February 2021\n28 A2021-33 17 December 2021","sortOrder":123}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":788},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1929 focus on probate procedure and executor powers. Major scope expansions include: (1) comprehensive intestacy distribution scheme added in 1967 and substantially reformed in 1996; (2) recognition of diverse relationships (domestic partners, civil unions, civil partnerships) beyond traditional marriage; (3) detailed provisions for the Public Trustee and Guardian as alternative administrator; (4) special rules for small estates and presumption of death; (5) foreign grant recognition for international estates. The modern Act is as much about family property law as it is about probate procedure."},"complexity_factors":["Multiple overlapping definitions of 'partner' including spouse, civil union partner, civil partner, and 'eligible partner' (domestic partner of 2+ years or parent of deceased's child)","Detailed mathematical formulas for intestacy distribution with tiered thresholds ($200,000 base amount, variable percentages based on number of children)","Extensive cross-referencing between sections and schedules (Schedule 6 for intestacy distribution rules, Schedule 4 for debt payment priorities)","Nested conditional logic throughout intestacy provisions (e.g., section 49D partial intestacies with multiple sub-conditions)","Historical layering: original 1929 provisions mixed with 1967 intestacy reforms, 1996 amendments, and modern relationship recognition updates","Special rules for simultaneous deaths, presumption of death, and foreign property that create exception scenarios","Public Trustee and Guardian provisions with multiple pathways (sections 87B, 87C, 88) depending on estate value and circumstances"],"plain_english_summary":"This is the ACT's main law about what happens when someone dies and how their property (their \"estate\") is dealt with. It covers three big situations:\n\n**1. When someone leaves a will**\n- The Supreme Court can grant **probate** (official approval) to the person named in the will as executor, giving them legal authority to carry out the will's instructions\n- If the named executor can't or won't act, the court can appoint an **administrator** instead\n\n**2. When someone dies without a will (\"intestate\")**\n- The court appoints an administrator to manage the estate\n- The law sets out exactly who inherits: \n  - First, the **partner** (spouse, civil partner, or eligible domestic partner) gets priority\n  - If there's a partner and children, the partner gets the first $200,000 plus interest, then a share of what's left (half if one child, one-third if more)\n  - If no partner, the children inherit\n  - If no partner or children, it goes to parents, then siblings, then other relatives\n  - If no relatives at all, the **Territory** gets everything\n- Partners also have special rights to claim the **family home** they're living in\n\n**3. The Public Trustee and Guardian**\n- This government body can step in to administer estates when there's no one else suitable, especially for smaller estates (under $30,000 or $150,000)\n- They can also take over when executors are missing, refusing to act, or when property is at risk\n\n**Key protections in the law:**\n- Executors and administrators must pay debts before distributing assets to beneficiaries\n- They can sell property if needed to pay debts or divide the estate\n- People who fraudulently take estate property can be forced to pay it back\n- Foreign grants of probate from other Australian states or Commonwealth countries can be \"resealed\" (recognised) in the ACT\n- Certain people (family members, beneficiaries, potential heirs) have the right to inspect a deceased person's will"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s present scope has expanded from its original 1929 ordinance form to cover detailed modern intestacy rules, partner definitions, public trustee powers, foreign grant sealing, and procedural requirements. Major additions include the intestacy part (pt 3A inserted by A1996-15 (see amendment history)), statutory partner and dwelling‑house rights (ss 44, 49G–49N), formal public trustee election and small‑estate regimes (ss 87B–87C; s 88), and explicit rules for resealing foreign grants with possible security (ss 80–80C). The amendment history in the text records successive insertions and modifications that have broadened and specified administrative, distributional and procedural detail compared with the original ordinance (endnotes/amendment history)."},"complexity_factors":["Large number of interlocking parts, divisions and schedules (pts 3, 3A, 3B, 3C, 5, 6; schedule 4; schedule 6)","Extensive cross‑references to court procedure and rules (e.g. s 9B, s 50(2), s 58) that require coordination with Court Procedures Act and rules","Wide judicial discretion (Supreme Court powers in ss 8C, 51, 51A, 32A, 97A) producing case‑by‑case variance","Multiple administrative pathways: private probate, special letters, public trustee election, court orders to public trustee (ss 26, 87B–88, 90)","Detailed intestacy algorithm and numeric thresholds in schedule 6 and s 49 (including interaction with partner/eligible partner definitions in s 44 and s 45A)","Procedural safeguards that add operational steps (affidavits, notices, valuations, passing of accounts — ss 27, 9B, 49H, 58, 64)","Recognition and resealing of foreign grants with possible security requirements (ss 80–80B) increases cross‑jurisdictional complexity","Historical layering of amendments and relocated provisions increases interpretive complexity (see endnotes/amendment history)"],"plain_english_summary":"### What this law does, in everyday terms\n- This Act sets the rules for what happens to a person’s property after they die in the Australian Capital Territory (ACT). It tells who can apply to manage a deceased person’s estate, when the Supreme Court must be involved, what powers executors and administrators have, how intestate estates are divided, what the public trustee may do, and how foreign grants of probate are recognised (long title; s 9; pt 3A; pt 6; pt 5).\n\n### Who it affects\n- Executors, administrators and other personal representatives: the Act vests unadministered estate property in the executor or administrator on grant (s 39) and sets out their rights, duties and liabilities (s 13; s 41; s 32B).\n- Partners, children, next-of-kin and other beneficiaries: the Act prescribes how intestate estates are distributed and gives specific rights to surviving partners (part 3A; s 49; schedule 6; ss 49G–49N).\n- Creditors and claimants: the Act specifies how debts, funeral and administration expenses are paid out of the estate (s 41C; s 41A; schedule 4) and provides notice procedures and time limits for making claims (ss 9B, 64, 65).\n- The public trustee and guardian: the Act gives the public trustee power to administer small estates or to be ordered to collect and administer estates in particular circumstances (ss 87B–87C; s 88).\n- Courts, registrars and third parties who deal with estate property: the Act sets out court powers (s 8C; s 51; s 97A), registrar duties, sealing of foreign grants (s 80–80C), and protections for purchasers who take dealings in good faith (s 50(4); s 63).\n\n### How it works mechanically (key mechanics)\n- Court jurisdiction and findings: the Supreme Court controls grants of probate and administration, must make findings about domicile where required (s 8C), and may authorise a wide range of orders about administration, postponement of realisation, carrying on a deceased person’s business, and partition of land (ss 9, 51A, 52). The court also has express powers to revoke grants if a person was living at the date of grant (s 32A) and to make protective orders (s 32A(1)(b)).\n- Vesting and powers: on grant, real and personal estate vest in the executor/administrator (s 39). Executors and administrators may sell, mortgage or lease estate real estate for administration or distribution without consent, subject to conditions or rules (s 50). Executors may sign acknowledgements instead of conveyances in certain cases (s 56).\n- Intestacy and partner rights: the Act sets a detailed statutory scheme for distribution when there is no effective will (part 3A; s 49; schedule 6). It defines \"partner\" and \"eligible partner,\" sets out how a surviving partner’s share is calculated (s 45A; schedule 6), and gives partners a statutory right to elect to take an interest in the deceased’s dwelling house in certain situations (ss 49G–49N).\n- Presumptions of death and provisional grants: a court may grant probate or administration on direct evidence or on evidence supporting a presumption of death (s 9A). Grants based on presumed death must be expressed accordingly and the court can limit distribution or require undertakings or security from recipients (s 9B).\n- Public trustee and small estates: the public trustee may administer estates under monetary thresholds and by filing an election, and public notice by the public trustee is conclusive evidence of entitlement to administer under that election (ss 87B–87C; s 89). The Supreme Court may also order the public trustee to collect and administer an estate in prescribed circumstances (s 88).\n- Foreign grants and sealing: a grant made in a reciprocating jurisdiction can be sealed by the ACT Supreme Court and then has the same effect as if originally granted here; the court may require security before sealing (ss 80–80C).\n- Procedural and accountability rules: executors/administrators may be required to file inventories and accounts and have them examined and passed (s 58). The court can require notices before distribution and can bar claims against an executor/administrator if claimants do not prosecute their claims within timeframes set by the executor (ss 64–65).\n\n### Official purpose-claims (as stated in the instrument) and practical implications\n- The Act’s stated subject is administration of estates; the text implements that by allocating decision‑making to the Supreme Court and to recognised personal representatives and by setting distribution rules and procedural safeguards (long title; s 9; s 39; s 49).\n- Practical trade-offs and costs: the Act makes the estate the primary payer of debts and liabilities (s 41C; schedule 4), so beneficiaries receive distributions only after debts, expenses and duties are met. Requiring public notice, inventories and passing of accounts (ss 64, 58) raises compliance costs and administrative delay but reduces the risk of undisclosed claims. The court’s broad discretionary powers (e.g. ss 51, 51A, 97A) allow tailored solutions but introduce litigation and timing risk.\n- Incentives and behaviour effects: executors have statutory powers to sell or mortgage estate real estate (s 50), which encourages active administration and conversion to cash for debt payment or distribution. Notice and caveat procedures (s 9B; ss 64–65) incentivise claimants to assert claims promptly. The public trustee’s ability to step in for small or unattended estates (ss 87B–88) channels unclaimed or small estates into a central administrator, changing the practical route by which beneficiaries or creditors are paid.\n- Bureaucratic discretion and implementation risk: the Supreme Court decides major questions (domicile, revocation, postponement, sealing foreign grants) (s 8C; s 32A; s 51A; s 80B). That discretion allows case‑by‑case responses but means outcomes can depend on court processes and timing. The public trustee has discretion whether to administer an estate under s 87B(3). The Act requires public notices for some actions (s 87C(5); s 64), which imposes operational tasks on the public trustee and personal representatives and creates risk if notices are defective.\n\n### Who pays, who decides, what behaviour changes (plainly stated)\n- Who pays: debts, funeral, testamentary and administration expenses and duties are paid from the deceased’s real and personal property (s 41C; s 41A; schedule 4). Executors/administrators may be authorised to raise money on the estate’s security to pay partner shares (s 50(1)(d)).\n- Who decides: the Supreme Court controls grants of representation and many directions about administration (s 9; s 8C; s 51; s 97A). The public trustee may decide to administer estates within statutory thresholds or on court order (ss 87B–88). Registrars carry out certain administrative functions (see dictionary definition of registrar and rules references).\n- Behaviour changes required by the Act: applicants and personal representatives must follow notice and filing rules (ss 9B, 27, 58, 64), executors may need to obtain valuations for partner claims on dwelling houses (s 49H), and purchasers or third parties dealing with estate property can rely on executor receipts and sealed foreign grants but are not required to inquire into the purpose of a sale (s 50(4); s 80C(1)).\n\n### Concentration of benefits and possible substitution or friction effects\n- The public trustee can concentrate administration of unattended or small estates (ss 87B–88; s 89); filing an election and giving public notice makes the public trustee’s position conclusive (s 87C(5)). That centralisation changes who receives administration fees and who makes distribution decisions in those estates.\n- Sealing of foreign grants (s 80–80C) reduces duplication for administrators from other jurisdictions but may add a security requirement (s 80B) and court oversight.\n\n### Compliance burden and remedies\n- Executors/administrators face recordkeeping, notice, valuation and account‑passing obligations (ss 27, 49H, 58, 101). Failure to follow rules can expose them to accountings, removal, or liability (ss 32; 32B; 74A). The court has remedial powers including revocation of grants, vesting orders and protective injunctions (ss 32A, 32B, 38A(2)).\n\nSummary: the Act is a comprehensive procedural and substantive code for handling deceased estates in the ACT. It allocates decision‑making primarily to the Supreme Court and to designated personal representatives, sets detailed rules for intestacy and partner rights, provides for public trustee intervention in defined circumstances, recognises certain foreign grants after sealing, and builds in notice, valuation and accounting mechanisms to manage creditor and beneficiary claims (see especially s 9; pt 3A; pt 6; ss 50, 87B–88, 80–80C, 64–65)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/administration-and-probate-act-1929","history":"/api/acts/administration-and-probate-act-1929/history","analysis":"/api/acts/administration-and-probate-act-1929/analysis","conflicts":"/api/acts/administration-and-probate-act-1929/conflicts","importantCases":"/api/acts/administration-and-probate-act-1929/important-cases","documents":"/api/acts/administration-and-probate-act-1929/documents"}}