{"id":"administration-and-probate-act-1969","name":"Administration and Probate Act 1969","slug":"administration-and-probate-act-1969","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29823,"registerId":"nt-administration-and-probate-act-1969-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"153","sectionType":"section","heading":"Section 104: rejection of claims in excess of prescribed","content":"153 Section 104: rejection of claims in excess of prescribed\namount .......................................................................................... 59\nPart X Transitional matters for Justice and Other\nLegislation Amendment Act 2021\n154 Application of section 103 .............................................................. 60\n","sortOrder":0},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Distribution of intestate estate upon","content":"Schedule 6 Distribution of intestate estate upon\nintestacy\n\n____________________\nAs in force at 1 July 2022\n____________________\nADMINISTRATION AND PROBATE ACT 1969\nAn Act relating to the administration of the estates of deceased persons\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Administration and Probate Act 1969.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Interpretation","content":"6 Interpretation\n(1) In this Act, unless the contrary intention appears:\nAboriginal means a person who is a member of the aboriginal race\nof Australia.\nadministration includes all letters of administration of the real and\npersonal estate of deceased persons whether with or without the\nwill annexed and whether granted for general, special or limited\npurposes, exemplification of letters of administration and such other\nformal evidence of the letters of administration purporting to be\nunder the seal of a court of competent jurisdiction as is in the\nopinion of the Court sufficient.\nadministrator includes any person to whom administration is\ngranted.\ncommittee, in relation to a person, includes a guardian for that\nperson's financial matters appointed under the Guardianship of\nAdults Act 2016.\ndeceased person means a person dying on or after the date on\nwhich this Act comes into operation.\n\nAdministration and Probate Act 1969 2\ndistribute means to pay, deliver or divide the estate or property\nreferred to, or to among the person or persons entitled thereto\nunder any intestacy or under any will.\nelection means an election to administer the estate or a part of the\nestate of a deceased person.\nnext of kin, in relation to a deceased person, means those\npersons, other than a spouse or de facto partner of the deceased\nperson, who would be entitled to take an interest in the estate of the\ndeceased person if he or she had died intestate.\nprobate includes exemplification of probate or any other formal\ndocument, purporting to be under the seal of a court of competent\njurisdiction, which, in the opinion of the Court, is deemed sufficient.\nprofessional personal representative means:\n(a) the Public Trustee;\n(b) a trustee company within the meaning of the Companies\n(Trustees and Personal Representatives) Act 1981; or\n(c) a legal practitioner.\nPublic Trustee has the same meaning as in the Public Trustee\nAct 1979.\npurposes of administration, in relation to the administration of the\nestate of a deceased person, includes the payment in due course of\nadministration of the debts, funeral and testamentary expenses,\nduties and commission, and the costs, charges and expenses of\nthe executor or administrator, and any costs which may be ordered\nto be paid out of the estate.\nRegistrar means the Registrar of the Supreme Court performing\nthe functions of the Registrar of Probates.\nrelevant country means:\n(a) a State or another Territory of the Commonwealth of Australia;\n(b) a country that is prescribed; or\n(c) where a part of a country is prescribed – that part of the\ncountry.\nrepresentation means the probate of a will and administration.\nwill includes a codicil.\n\nAdministration and Probate Act 1969 3\n(2) In this Act, unless the contrary intention appears, a reference to a\nPublic Trustee, in relation to a country, shall be read as including a\nreference to an officer of that country who is entitled under a law of\nthat country to apply, in a case where a deceased person has died\nintestate leaving no next of kin, to a court for an order that\nauthorizes the officer to administer the estate of the deceased\nperson.\n(4) For the purposes of this Act, an Aboriginal who has entered into a\nrelationship with another Aboriginal that is recognized as a\ntraditional marriage by the community or group to which either\nAboriginal belongs is married to the other Aboriginal, and all\nrelationships shall be determined accordingly.\n(5) Except where they are defined in this Act to have a different\nmeaning or the contrary intention appears, words used in this Act\nhave the same meaning as defined in the Supreme Court Act 1979\nor in Chapter 3 of the Rules of the Supreme Court made under that\nAct.\n","sortOrder":4},{"sectionNumber":"14","sectionType":"section","heading":"Probate or administration may be granted","content":"14 Probate or administration may be granted\n(1) The Court shall have jurisdiction to grant probate of the will or\nadministration of the estate of any deceased person leaving\nproperty, whether real or personal, within the Territory.\n(2) The Court shall have jurisdiction to grant probate of the will, or\nadministration of the estate, of a deceased person who did not\nleave property, whether real or personal, within the Territory, if the\nCourt is satisfied that the grant of probate or administration is\nnecessary.\n","sortOrder":5},{"sectionNumber":"15","sectionType":"section","heading":"Evidence of death","content":"15 Evidence of death\n(1) Probate of the will, or administration of the estate, of a person may\nbe granted by the Court if it is satisfied, by direct evidence or by\nevidence supporting a presumption of death, that the person is, or\nmay be presumed to be, dead.\n(2) A grant of probate of the will, or administration of the estate, of a\nperson made upon direct evidence of the death of the person or\nupon evidence supporting a presumption of the death of the person\nis valid notwithstanding that the person is, after the day on which\nthe grant was made, found to have been alive on that day.\n\nAdministration and Probate Act 1969 4\n","sortOrder":6},{"sectionNumber":"16","sectionType":"section","heading":"Grant on presumption of death","content":"16 Grant on presumption of death\n(1) Where the Court makes a grant of probate of the will, or\nadministration of the estate, of a person upon evidence supporting\na presumption of the death of the person:\n(a) the grant shall be expressed to be made on presumption of\nthe death of the person;\n(b) the estate of the person shall not be distributed without the\nleave of the Court;\n(c) the Court may, in the probate or administration or by an order\nmade at any time, give leave to distribute the estate;\n(d) the Court may, in giving leave to distribute the estate of the\nperson, direct that the distribution shall not be made unless\neach person who is to take under the distribution gives an\nundertaking or security that he or she will, if the probate or\nadministration is revoked, restore the property received by him\nor her under the distribution to the person entitled to it, or pay\nto that person an amount equal to the value of that property;\nand\n(e) the Court may direct the executor or the administrator to give,\nbefore he or she distributes the estate, such notices (including\na notice specifying a date before which a caveat against the\ndistribution of the estate may be lodged with the Registrar) as\nthe Court thinks fit.\n(2) Where an executor or administrator of an estate has given the\nnotices that the Court has, under subsection (1), directed him or her\nto give before distributing the estate, the executor or administrator:\n(a) may, subject to subsection (3), after the expiration of the\nperiod specified in the notices, distribute the estate among the\npersons entitled to it, having regard only to the claims of which\nthe executor or administrator has notice at the time of the\ndistribution; and\n(b) is not liable, in respect of any part of the estate so distributed,\nto a person entitled to that part of whose claim he or she did\nnot have notice at the time of the distribution.\n(3) Where a caveat against the distribution of an estate has been\nlodged with the Registrar under subsection (1):\n(a) the executor or administrator shall not distribute the estate\namong the persons entitled to it except in pursuance of an\norder of the Court under subsection (4); and\n\nAdministration and Probate Act 1969 5\n(b) the executor or administrator, the person who lodged the\ncaveat or a person interested in the distribution of the estate\nmay make application to the Court for an order under\nsubsection (4).\n(4) The Court may, upon application under subsection (3)(b), make an\norder authorizing the executor or administrator of an estate to\ndistribute the estate among the persons entitled to it\nnotwithstanding the lodging of a caveat under subsection (1).\n(5) An order under subsection (4) may authorize the distribution of the\nestate subject to such conditions as the Court thinks fit.\n(6) Where, in relation to the enforcement of an undertaking or security\ngiven under subsection (1), a dispute arises as to the value of any\nproperty received under a probate or administration that is revoked,\nthe Court may, upon application by any person affected by the\nundertaking or security, make such order in respect of the property\nas it thinks fit.\n(7) The Court may upon application by a person who has given an\nundertaking or security under subsection (1) or the executor or\nadministrator of the estate of such a person, make such order for\nthe termination or modification of the obligations under the\nundertaking or security as it thinks fit.\n","sortOrder":7},{"sectionNumber":"17","sectionType":"section","heading":"When probate may be issued by Registrar","content":"17 When probate may be issued by Registrar\n(1) Subject to the provisions of this section, probate or administration\nmay, upon application to the Registrar, supported by affidavits upon\nwhich for the time being the Court would, in the opinion of the\nRegistrar, grant the probate or administration, be issued by the\nRegistrar as of course in the name and under the seal of the Court,\nand every such probate or administration shall be deemed to have\nbeen granted by the Court.\n(2) The Registrar shall not, without an order of the Court, issue probate\nof the will, or administration of the estate, of a deceased person:\n(a) in any case where a caveat has been lodged;\n(b) in any case where there is no direct evidence of the death of\nthe person but only evidence supporting a presumption of the\ndeath of the person; or\n(c) in any case in which it appears to the Registrar to be doubtful\nwhether the probate or administration should be granted.\n\nAdministration and Probate Act 1969 6\n(3) Whenever the Court makes an order for the grant of probate or\nadministration, the probate or administration shall be issued by the\nRegistrar in the name and under the seal of the Court.\n","sortOrder":8},{"sectionNumber":"18","sectionType":"section","heading":"Sealing of probate and letters of administration","content":"18 Sealing of probate and letters of administration\nThe seal of the Court shall not be affixed to any probate or letters of\nadministration until all duties and fees payable under any law in\nforce in the Territory have been paid or security has been given in\naccordance with any such law for payment of such duties and fees.\n","sortOrder":9},{"sectionNumber":"19","sectionType":"section","heading":"Grant to one executor reserving leave to others to apply","content":"19 Grant to one executor reserving leave to others to apply\nThe Court may, if it thinks fit, grant probate to one or more of the\nexecutors named in a will reserving leave to the executor who has\nnot renounced, or the executors who have not renounced, to come\nin and apply for a grant of probate at a future time.\n","sortOrder":10},{"sectionNumber":"20","sectionType":"section","heading":"Court may grant probate to Public Trustee named as executor","content":"20 Court may grant probate to Public Trustee named as executor\nWhere a deceased person has named the Public Trustee of a State\nor Territory of the Commonwealth as an executor of his or her will,\nthe Court may grant probate of the will to that Public Trustee.\n","sortOrder":11},{"sectionNumber":"21","sectionType":"section","heading":"Practice as to granting administration of real and personal","content":"21 Practice as to granting administration of real and personal\nestate\nSubject to this Act and the Rules, the practice and procedure with\nreference to the granting of administration of the personal estate of\nan intestate shall be applicable, so far as may be, to the granting of\nadministration of the real estate, and administration of both real and\npersonal estate may be granted in and by the same letters.\n","sortOrder":12},{"sectionNumber":"22","sectionType":"section","heading":"To whom administration may be granted","content":"22 To whom administration may be granted\n(1) Subject to this section, the Court may grant administration of the\nestate of an intestate person to:\n(a) the spouse or de facto partner of the deceased person;\n(b) one or more of the next of kin;\n(c) the spouse or de facto partner conjointly with one or more of\nthe next of kin; or\n(d) such person, whether a creditor or not of the deceased\nperson, as the Court thinks fit.\n\nAdministration and Probate Act 1969 7\n(2) The Court shall not grant administration to a person who is not the\nspouse or de facto partner or one of the next of kin of the deceased\nunless:\n(a) there is no such spouse or de facto partner or next of kin;\n(b) there is no such spouse or de facto partner or next of kin\nwithin the jurisdiction who is, in the opinion of the Court, fit to\nbe trusted; or\n(c) there is no such spouse or de facto partner or next of kin who,\nwhen duly cited, appears and prays for administration.\n(2A) References in subsections (1) and (2) to a spouse or de facto\npartner of a deceased person are references only to a spouse or de\nfacto partner who is entitled to an interest in the deceased person's\nintestate estate.\n(3) The Court shall not grant administration to an infant.\n","sortOrder":13},{"sectionNumber":"23","sectionType":"section","heading":"Administration bond to be given","content":"23 Administration bond to be given\nThe Registrar may order a person to whom a grant of\nadministration is made to enter into, and file with the Registrar, a\nbond with a surety for duly collecting, getting in and administering\nthe estate of a deceased person and before the issue of the\nadministration the person shall enter into and file the bond\naccordingly.\n","sortOrder":14},{"sectionNumber":"26","sectionType":"section","heading":"Probate or administration may be revoked or further bond","content":"26 Probate or administration may be revoked or further bond\nrequired\n(1) At any time after probate of the will, or administration of the estate,\nof a deceased person has been granted, the Court may, upon the\napplication of a person who is interested in the estate, revoke the\nprobate or administration, as the case may be.\n(2) At any time after administration of the estate of a deceased person\nhas been granted, the Court may, upon the application of a person\nwho is interested in the estate, order the administrator of the estate\nto execute a bond, or an additional bond, as the case may be, of\nsuch amount and within such time as the Court thinks fit and with\none surety, being an insurance company approved by the Minister.\n(3) If an administrator fails to comply with the terms of an order made\nunder subsection (2), the Court may remove the administrator and\nappoint another person to be an administrator of the estate in his or\nher place.\n\nAdministration and Probate Act 1969 8\n(4) Where the Court has removed an administrator of an estate under\nsubsection (3) and appointed another person to be an administrator\nof the estate in his or her place, any contract, made before the date\non which the administrator was so removed, in respect of which the\nadministrator so removed was, in his or her capacity of\nadministrator of the estate, a party shall, on and after that date, be\nread and construed, and may be enforced, as if references in the\ncontract to the administrator so removed were references to the\nadministrator so appointed in his or her place.\n","sortOrder":15},{"sectionNumber":"27","sectionType":"section","heading":"Application by surety for relief","content":"27 Application by surety for relief\nIf, upon application by a surety to an administration bond, it appears\nto the Court that:\n(a) the estate is being wasted, or is in danger of being wasted; or\n(b) the surety is being in any way prejudiced, or in danger of\nbeing prejudiced, by the act or default of the person\nadministering the estate,\nthe Court may grant such relief as it thinks fit.\n","sortOrder":16},{"sectionNumber":"28","sectionType":"section","heading":"Renunciation or non-appearance by executor","content":"28 Renunciation or non-appearance by executor\nWhere:\n(a) any person renounces probate of the will of which he or she is\nappointed an executor;\n(b) an executor appointed in a will survives the testator but dies\nwithout having taken probate; or\n(c) an executor named in a will is personally cited to take probate\nand does not appear to the citation,\nthe right of that person in respect of the executorship shall wholly\ncease, and the representation of the testator and the administration\nof his or her estate shall, without any further renunciation, go,\ndevolve, and be committed in like manner as if that person had not\nbeen appointed executor.\n","sortOrder":17},{"sectionNumber":"29","sectionType":"section","heading":"Renunciation, &c., by person appointed both executor and","content":"29 Renunciation, &c., by person appointed both executor and\ntrustee of will\nIf a person who is appointed by will both executor and trustee\nthereof renounces probate or after being duly cited fails to apply for\nprobate, the renunciation or failure shall be deemed to be a\ndisclaimer of the trust contained in the will.\n\nAdministration and Probate Act 1969 9\n","sortOrder":18},{"sectionNumber":"30","sectionType":"section","heading":"Administration to guardian of infant sole executor","content":"30 Administration to guardian of infant sole executor\n(1) Where an infant is sole executor, administration with the will\nannexed may be granted to:\n(a) the guardian of that infant; or\n(b) such other person as the Court thinks fit,\nuntil the infant has attained the age of 18 years, with full or limited\npowers to act in the premises until probate has been granted to the\nexecutor or administration has been granted to some other person.\n(2) The person to whom that administration is granted shall have the\nsame powers vested in him or her as an administrator by virtue of\nan administration granted to him or her durante minore aetate of the\nnext of kin.\n","sortOrder":19},{"sectionNumber":"31","sectionType":"section","heading":"Administration to be granted to attorney in certain cases","content":"31 Administration to be granted to attorney in certain cases\n(1) When any person named as executor, or any spouse, de facto\npartner or next of kin entitled to probate or administration, is out of\nthe jurisdiction, but has some person within the jurisdiction\nappointed under power of attorney to act for him or her respectively,\nadministration may be granted to that attorney, but on behalf of the\nperson entitled thereto, and on such terms and conditions as the\nCourt thinks fit.\n(2) Where administration has been granted, under subsection (1), to an\nattorney appointed under a power of attorney, unless the grant\notherwise provides, the grant continues in force notwithstanding the\ndeath of the donor of the power of attorney.\n","sortOrder":20},{"sectionNumber":"32","sectionType":"section","heading":"Administration pendente lite and receiver","content":"32 Administration pendente lite and receiver\n(1) The Court may:\n(a) pending any suit touching the validity of the will of any\ndeceased person, or for obtaining, recalling or revoking any\nprobate or any grant 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\nperson, with such full or limited powers, and with or without a bond\nor sureties, as the Court thinks fit.\n\nAdministration and Probate Act 1969 10\n(2) The Court may make such orders for the remuneration of the\nadministrator or receiver out of the personal and real estate of the\ndeceased person as it thinks right.\n","sortOrder":21},{"sectionNumber":"33","sectionType":"section","heading":"Power as to appointment of administrator","content":"33 Power as to appointment of administrator\nThe Court may, in any case where a person dies:\n(a) intestate;\n(b) leaving a will, but without having appointed an executor\nthereof; or\n(c) leaving a will and having appointed an executor thereof, who:\n(i) is not willing and competent to take probate; or\n(ii) is resident out of the Territory,\nif it thinks it necessary or convenient, appoint some person to be\nthe administrator of the estate of the deceased person or of any\npart of the estate, upon his or her giving such security (if any) as\nthe Court directs, and every such administration may be limited as\nthe Court thinks fit.\n","sortOrder":22},{"sectionNumber":"34","sectionType":"section","heading":"Proceeding where executor neglects to prove will","content":"34 Proceeding where executor neglects to prove will\n(1) In any case where the executor named in a will:\n(a) neglects or refuses to prove the will or to renounce probate\nthereof within 3 months from the death of the testator or from\nthe time of the executor attaining the age of 18 years; or\n(b) is unknown or cannot be found,\nthe Court may, upon the application of:\n(c) any person interested in the estate;\n(d) a professional personal representative; or\n(e) any creditor of the estate,\norder that probate of the will be granted to the executor or order\nthat administration with the will annexed be granted to the applicant\nor make such other order for the administration of the estate as it\nthinks fit.\n\nAdministration and Probate Act 1969 11\n","sortOrder":23},{"sectionNumber":"35","sectionType":"section","heading":"Issue of special letters of administration","content":"35 Issue of special letters of administration\nIf, at the expiration of 6 months from the death of any person, the\nexecutor to whom probate has been granted or the administrator is\nthen residing out of the Territory, the Court may, upon the\napplication of any creditor, legatee, next of kin or professional\npersonal representative grant to the person so applying special\nletters of administration of the estate of the deceased person,\nnevertheless to cease upon an order being made under section 37.\n","sortOrder":24},{"sectionNumber":"36","sectionType":"section","heading":"Special administrator to make certain affidavits","content":"36 Special administrator to make certain affidavits\nThe person applying for any such special grant shall satisfy the\nCourt by affidavit that the executor or administrator of the estate of\nthe deceased person is resident out of the Territory, and that:\n(a) the applicant is thereby delayed in recovering or obtaining\npayment of moneys or the possession of goods and chattels\nor real estate, to which he or she is by law entitled; or\n(b) the estate is liable to loss or waste.\n","sortOrder":25},{"sectionNumber":"37","sectionType":"section","heading":"On return of original executor or administrator special","content":"37 On return of original executor or administrator special\nadministration to be rescinded\n(1) On the return within the Territory of the executor to whom probate\nhas originally been granted, or the administrator, the executor or\nadministrator may apply to the Court to rescind the special grant of\nadministration.\n(2) The Court, on the hearing of the application, may make an order to\nrescind the special grant of administration upon such terms and\nconditions as to security, costs, or otherwise as to the Court appear\nreasonable, and thereafter the original probate or administration\nshall be and remain as valid and effectual as if the special grant of\nadministration had not been made.\n","sortOrder":26},{"sectionNumber":"38","sectionType":"section","heading":"Accounting by special administrator","content":"38 Accounting by special administrator\nUpon any order being made by the Court for the rescission of any\ngrant of special administration, the special administrator shall be\nbound duly to account to the original executor or administrator, and\nto pay over all moneys received by him or her as such special\nadministrator and then remaining in his or her hands undisposed of,\nas the Court may order.\n\nAdministration and Probate Act 1969 12\n","sortOrder":27},{"sectionNumber":"39","sectionType":"section","heading":"Liability of executor or administrator neglecting to apply for","content":"39 Liability of executor or administrator neglecting to apply for\nrescission of special administration\nIf the executor or administrator neglects to apply for an order for the\nrescission of the special administration, he or she shall,\nnotwithstanding that the special administration remains\nunrescinded, be liable to answer and make good all claims and\ndemands against the estate of the deceased person to the extent of\nthe assets which have come to his or her hands or which might\nhave come to his or her hands but for his or her wilful neglect, or\ndefault, including the neglect mentioned in this section.\n","sortOrder":28},{"sectionNumber":"40","sectionType":"section","heading":"Revocation of grants not to prejudice actions or suits","content":"40 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 or rescinded, that court under\nits rules of procedure may provide that the proceeding be continued\nby or against the new personal representative in like manner, as if\nthe proceeding had been originally commenced by or against him\nor her, but subject to such conditions and variations (if any) as that\ncourt directs.\n","sortOrder":29},{"sectionNumber":"41","sectionType":"section","heading":"Discharge or removal of executor or administrator","content":"41 Discharge or removal of executor or administrator\n(1) Notwithstanding anything contained in any law in force in the\nTerritory, where an executor or administrator to whom\nrepresentation has been granted, or where an administrator who\nhas been appointed under this section:\n(a) remains out of the Territory for more than 2 years;\n(b) desires to be discharged from his or her office of executor or\nadministrator; or\n(c) after the grant or appointment, refuses, or is unfit, to act in the\noffice, or is incapable of acting therein,\nthe Court may upon application order the discharge or removal of\nthat executor or administrator, and the appointment of some proper\nperson as administrator in place of the executor or administrator so\ndischarged or removed, upon such terms and conditions as the\nCourt thinks fit, and may make all necessary orders for vesting the\nestate in the new administrator, and as to accounts, and such order\nas to costs, as the Court thinks fit.\n(2) Notice of the application shall be served on such persons, if any, as\nthe Court directs.\n\nAdministration and Probate Act 1969 13\n(3) An executor or administrator so removed or discharged shall, from\nthe date of the order, cease to be liable for acts and things done\nafter that date.\n(4) Upon the appointment of the new administrator the property and\nrights vested in, and the liabilities properly incurred in the due\nadministration of the estate by, the executor or administrator so\ndischarged or removed, shall become and be vested in, and\ntransferred to, the new administrator, who shall, as such, have the\nsame privileges, rights, powers, duties, discretions and liabilities, as\nif probate or administration had been granted to him or her\noriginally.\n","sortOrder":30},{"sectionNumber":"42","sectionType":"section","heading":"Revocation of grant of person living at the date of the grant","content":"42 Revocation of grant of person living at the date of the grant\n(1) Where the Court is satisfied that a person was living at the time\nwhen probate of his or her will, or administration of his or her\nestate, was granted by the Court, the Court:\n(a) shall revoke the grant on such terms, if any, as the Court\nthinks fit with respect to proceedings which have been\ncommenced by or against the executor or administrator or with\nrespect to costs or any other matter; and\n(b) may at any time, whether before or after the revocation of the\ngrant, make such orders as the Court thinks fit for the\nprotection of the estate, including an order for an injunction\nagainst the executor or administrator or another person and\nan order for the appointment of a receiver.\n(2) An application to the Court for the revocation, under subsection (1),\nof a grant of probate of the will, or administration of the estate, of a\nperson may be made:\n(a) by the person; or\n(b) if the person has died since the grant – by any person entitled\nto apply for a grant of probate of the will, or administration of\nthe estate, of the person or by a person interested in the\nestate of the person.\n","sortOrder":31},{"sectionNumber":"43","sectionType":"section","heading":"Effect of revocation of grant","content":"43 Effect of revocation of grant\n(1) Where a grant of probate or administration has been revoked under\nthis Act:\n(a) the executor or administrator to whom the grant was made\nshall account to the Court for the property that he or she has\nreceived, or that has vested in him or her, as such executor or\nadministrator, and the Court may make such orders as it\n\nAdministration and Probate Act 1969 14\nthinks fit with respect to the disposal by the executor or\nadministrator of so much of that property as remains in his or\nher hands;\n(b) the executor or administrator is not liable in respect of property\nthat he or she has disposed of under the grant in good faith\nbefore the revocation of the grant if he or she complied with\nthe provisions of section 16 in and in relation to the disposing\nof that property;\n(c) the revocation of the grant does not, of its own force,\ninvalidate a disposal of property made by, or to, the executor\nor administrator before the revocation of the grant;\n(d) 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 provisions of the Land Title\nAct 2000 being a dealing lawfully made by the executor or\nadministrator before the revocation of the grant; and\n(e) the Court may make such vesting orders as it thinks fit.\n(2) This section does not affect:\n(a) any entitlement of an executor or administrator to commission,\nor to any protection, indemnity, reimbursement or right under\nany other provision of this Act; or\n(b) the right of a person to follow an asset into the hands of the\nperson to whom it was distributed or who has received it.\n","sortOrder":32},{"sectionNumber":"Div 2","sectionType":"division","heading":"Caveats","content":"Division 2 Caveats\n","sortOrder":33},{"sectionNumber":"44","sectionType":"section","heading":"Caveat may be lodged","content":"44 Caveat may be lodged\nSubject to and in accordance with the Rules, a person may, at any\ntime before the granting of representation, lodge with the Registrar\na caveat against an application for representation.\n","sortOrder":34},{"sectionNumber":"49","sectionType":"section","heading":"Estate vests in Public Trustee on person's death","content":"49 Estate vests in Public Trustee on person's death\nUpon the death of a person, his or her real and personal property\nvests in the Public Trustee until:\n(a) it vests in the Public Trustee or other executor or administrator\nof the deceased person's estate in pursuance of this or any\nother Act; or\n\nAdministration and Probate Act 1969 15\n(b) it is taken to vest in the Public Trustee or other professional\npersonal representative under Part IV, Division 2.\n","sortOrder":35},{"sectionNumber":"50","sectionType":"section","heading":"Public Trustee may act before property vests in executor or","content":"50 Public Trustee may act before property vests in executor or\nadministrator\n(1) Until property vested in the Public Trustee under section 49 vests or\nis taken to vest in accordance with section 49(a) or (b), the Public\nTrustee may, if he or she thinks fit, exercise the powers and\nperform the duties in relation to the property that he or she would\nhave been authorised to exercise and perform if the deceased had\ndied intestate and the Public Trustee had been granted\nadministration of the estate.\n(2) When acting under this section, the Public Trustee must not:\n(a) distribute any property to a beneficiary of the estate;\n(b) sell, lease, exchange, mortgage or partition any portion of the\nreal property of the estate unless ordered to do so by the\nCourt on the application of the Public Trustee or another\nperson; or\n(c) sell any personal property without an order of the Court unless\nthe property is of a perishable nature or liable to deteriorate or\nis for any other reason liable to decrease unduly in value if\nretained.\n(3) A decision by the Public Trustee when acting under this section that\npersonal property is of a perishable nature or is liable to deteriorate,\nor is for any reason liable to decrease unduly in value if retained, is\nconclusive and binding upon all persons.\n(4) All costs, charges and expenses incurred by the Public Trustee\nwhen acting under this section is a first charge upon the property of\nthe deceased person.\n(5) If the property of the deceased person vests or is taken to vest in\naccordance with section 49(a) or (b) on an executor or\nadministrator other than the Public Trustee, he or she must enter\ninto an appropriate agreement with the Public Trustee for the\npayment of any costs referred to in subsection (4).\n(6) The Public Trustee acting under this section is not liable as an\nexecutor de son tort.\n\nAdministration and Probate Act 1969 16\n","sortOrder":36},{"sectionNumber":"51","sectionType":"section","heading":"Public Trustee to give notice of intention to act","content":"51 Public Trustee to give notice of intention to act\n(1) Before the Public Trustee first acts under section 50 in respect of\nan estate, he or she must serve a notice under this section on any\nperson that he or she knows of who would be entitled to apply for\nrepresentation of the estate.\n(2) A notice served under this section is to be in the form the Public\nTrustee thinks fit and is to state that the Public Trustee intends to\nact under section 50 unless the person to whom the notice is\ndirected applies for representation of the estate and that the Public\nTrustee will be entitled to act under that section if the person:\n(a) does not, within a period of 21 days after service, advise the\nPublic Trustee in writing that the person intends to apply for\nrepresentation; or\n(b) having advised the Public Trustee in accordance with\nparagraph (a):\n(i) fails to apply to the Court within 14 days of giving that\nadvice; or\n(ii) makes an application to the Court and is not successful\nin obtaining representation.\n(3) If the person served with a notice under this section fails to advise\nthe Public Trustee in accordance with subsection (2)(a), or fails to\nobtain representation for a reason specified in subsection (2)(b), the\nPublic Trustee may act under section 50 unless the Court orders\notherwise.\n(4) If more than one person is entitled to apply for representation of an\nestate, it is sufficient for the Public Trustee to serve a notice under\nthis section on only one of those persons.\n(5) If the Public Trustee is of the opinion that the delay in acting under\nsection 50 caused by the requirement to give notice under this\nsection would cause detriment to an estate, or to the interest of a\ncreditor or beneficiary of the estate, the Public Trustee may act\nimmediately under that section.\n","sortOrder":37},{"sectionNumber":"52","sectionType":"section","heading":"Real and personal estate to vest in executor or administrator","content":"52 Real and personal estate to vest in executor or administrator\nUpon the grant of representation of the estate of any deceased\nperson, all the property whether real or personal which the person\nhas left within the Territory, and which is unadministered at the date\nof the grant, shall, as from the death of that person, pass to and\nbecome vested in the executor to whom probate has been granted\nor the administrator (as the case may be) for all his or her estate\n\nAdministration and Probate Act 1969 17\nand interest therein in the manner following, that is to say:\n(a) on testacy, in the executor or administrator with the will\nannexed;\n(b) on intestacy, in the administrator; and\n(c) on partial intestacy, in the executor or administrator with the\nwill annexed.\n","sortOrder":38},{"sectionNumber":"53","sectionType":"section","heading":"Real estate held in trust","content":"53 Real estate held in trust\nAll real estate held by any person in trust or by way of mortgage,\nand vesting in pursuance of section 52, shall vest in his or her\nexecutor or administrator, subject to the trusts and equities affecting\n","sortOrder":39},{"sectionNumber":"54","sectionType":"section","heading":"Property of deceased person to be assets","content":"54 Property of deceased person to be assets\n(1) The real, as well as the personal, estate of every deceased person\nshall be assets in the hands of his or her executor to whom probate\nhas been granted, or his or her administrator, for the payment of all\nduties and fees, and for the payment of his or her debts in the\nordinary course of administration.\n(2) The executor or administrator for purposes of administration, may,\nsubject to the provisions of sections 80 and 82, sell that real estate,\nor mortgage it with or without a power of sale, and convey it to a\npurchaser or mortgagee in as full and effectual a manner in law as\nthe deceased person could have done in his or her lifetime.\n","sortOrder":40},{"sectionNumber":"55","sectionType":"section","heading":"Property of deceased person liable for debts","content":"55 Property of deceased person liable for debts\n(1) The real and personal property of a deceased person, to the extent\nof his or her beneficial interest in it, and the real and personal\nproperty (if any) disposed of by the person's will (whether made\nbefore or after the commencement of this Act) in exercise of a\ngeneral power, are assets for the payment of the funeral,\ntestamentary and administrative expenses, the debts and the\nliabilities of the person.\n(2) If a person:\n(a) on whom a beneficial interest in any property referred to in\nsubsection (1) devolves;\n(b) to whom such an interest is given; or\n(c) in whom such an interest vests,\n\nAdministration and Probate Act 1969 18\ndisposes of the interest or of a part of the interest in good faith\nbefore a proceeding is taken or process is sued out against him or\nher, the person is personally liable for the value of the interest or\npart so disposed of by him or her, but the interest or part is not\nliable to be taken in execution in the proceedings or under the\nprocess.\n","sortOrder":41},{"sectionNumber":"56","sectionType":"section","heading":"Appointments by will under general power","content":"56 Appointments by will under general power\n(1) Where a provision contained in the will of a deceased person\noperates as an appointment under a general power to appoint by\nwill, the property, whether real or personal, that passes by virtue of\nthe provision vests in the executor or administrator as if the testator\nhad been entitled to the property at his or her death, whether or not\nhe or she was so entitled for an estate or interest determining on\nhis or her death or for any other estate or interest.\n(2) Where a provision contained in the will of a person who died on or\nafter 1 January, 1911, but before the commencement of this Act,\noperated as an appointment under a general power to appoint by\nwill, the property, whether real or personal, that passed by virtue of\nthe provision shall be deemed to have vested in the executor or\nadministrator as if that property had been vested in the testator at\nthe time of his or her death whether or not he or she was entitled to\nit for an estate or interest determining on his or her death or for any\nother estate or interest.\n(3) Subsection (2) does not affect:\n(a) a right or title that accrued, before the commencement of this\nAct, under a disposition by an appointee which, but for that\nsubsection, would be valid; or\n(b) the operation of section 52.\n","sortOrder":42},{"sectionNumber":"57","sectionType":"section","heading":"Administration of assets","content":"57 Administration of assets\n(1) Where the estate of a deceased person is sufficient for the payment\nin full of all the expenses, debts and liabilities payable from the\nestate, his or her real and personal property is, subject to the\nprovisions of his or her will, if any, and to any law in force in the\nTerritory as to charges on property, applicable in the order set out\nin Part I of Schedule 4 for the payment of the expenses, debts and\nliabilities payable from the estate.\n(2) Where the estate of a deceased person is insufficient for the\npayment in full of all the expenses, debts and liabilities payable\nfrom the estate, his or her real and personal property shall, subject\nto the Bankruptcy Act 1966 of the Commonwealth, be administered\nin accordance with the rules set out in Part II of Schedule 4.\n\nAdministration and Probate Act 1969 19\n","sortOrder":43},{"sectionNumber":"58","sectionType":"section","heading":"Application of income of settled residuary estate","content":"58 Application of income of settled residuary estate\n(1) Where a deceased person leaves a will containing a residuary gift\nby virtue of which real or personal property is settled by way of\nsuccession, this section applies to and in relation to the income\nderived from that property.\n(2) The income to which this section applies is not applicable in\npayment of:\n(a) the funeral, testamentary or administrative expenses payable\nfrom the estate of the person;\n(b) the debts or liabilities of the person;\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\npayable from the estate of the person;\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\nis payable to the person for the time being entitled to the income\nfrom the settled property.\n(5) Where, in the final adjustment of the estate of a deceased person\namong the 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, or of\nthe debts and the liabilities of the estate, or of any legacies\nbequeathed by the will of the deceased person although it was\nnot in fact so used; and\n\nAdministration and Probate Act 1969 20\n(b) income was earned by that property after the death of the\nperson but before the property was so used or was deemed to\nhave been so used,\nthat income shall, for the purposes of this section, be deemed to be\nincome to which this section applies.\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 Territory, with respect to\ncharges on the property of a deceased person.\n","sortOrder":44},{"sectionNumber":"59","sectionType":"section","heading":"Real estate to be held upon trusts of will","content":"59 Real estate to be held upon trusts of will\nSubject to the provisions of this Part, the real estate of every\ndeceased person devising that estate by his or her will, shall be\nheld by his or her executor to whom probate has been granted, or\nthe administrator with the will annexed, according to the trusts and\ndispositions of the will.\n","sortOrder":45},{"sectionNumber":"60","sectionType":"section","heading":"Rights of executor as to real estate","content":"60 Rights of executor as to real estate\nThe executor or the administrator to whom probate has been\ngranted shall have the same rights, and be subject to the same\nduties, with respect to the real estate of the deceased person, as\nexecutors or administrators have or are subject to with reference to\npersonal estate.\n","sortOrder":46},{"sectionNumber":"60A","sectionType":"section","heading":"Evidentiary effect of probate and letters of administration","content":"60A Evidentiary effect of probate and letters of administration\n(1) The probate of any will or letters of administration with the will\nannexed is evidence of the due execution of the will for all\nquestions concerning either real or personal estate.\n(2) The copy attached or annexed to the probate or letters of\nadministration, purporting to be a copy of the will, is evidence of the\ncontents of the will.\n(3) The probate of any will or letters of administration is evidence of the\ndeath and the date of the death of the testator or intestate.\n\nAdministration and Probate Act 1969 21\n","sortOrder":47},{"sectionNumber":"61","sectionType":"section","heading":"Interpretation","content":"61 Interpretation\n(1) In this Division, unless the contrary intention appears:\nintestate means a deceased person who either does not leave a\nwill or leaves a will but does not dispose effectively, by the will, of\nthe whole or part of his or her real or personal property.\nintestate estate, in relation to an estate, means:\n(a) in the case of an intestate who leaves a will – the real and\npersonal property of the intestate that is not effectively\ndisposed of by the will; or\n(b) in any other case – the real and personal property of the\nintestate.\npersonal chattels, in relation to an intestate, means:\n(a) the articles of household or personal use or adornment, plated\narticles, china, glassware, pictures, prints, linen, jewellery,\nclothing, books, musical instruments or apparatus, scientific\ninstruments or apparatus, wines, liquors, consumable stores\nand domestic animals of the intestate; and\n(b) the motor cars and accessories of the intestate,\nbut does not include:\n(c) any chattels of the intestate used exclusively for business\npurposes; or\n(d) money and securities for money of the intestate.\npersonal representative, in relation to an intestate, means the\nexecutor of the will, or the administrator of the estate, of the\nintestate, as the case requires.\n(2) For the purposes of this Division:\n(a) each spouse shall be regarded as a separate person; and\n(b) in ascertaining relationship it is immaterial whether the\nrelationship is of the whole blood or the half blood.\n\nAdministration and Probate Act 1969 22\n","sortOrder":48},{"sectionNumber":"62","sectionType":"section","heading":"Executor, &c., to hold property on trust, &c.","content":"62 Executor, &c., to hold property on trust, &c.\nThe personal representative of an intestate holds, subject to his or\nher rights, powers and duties for the purposes of administration, the\nintestate estate on trust for the persons entitled to it in accordance\nwith the succeeding provisions of this Division or the provisions of\nDivision 4A.\n","sortOrder":49},{"sectionNumber":"63","sectionType":"section","heading":"Provisions relating to persons who at the date of death of the","content":"63 Provisions relating to persons who at the date of death of the\nintestate are infants\n(1) Where a person who is entitled, under the provisions of this\nDivision, to the whole of, or a share in, the intestate estate of an\nintestate has not attained, at the date of death of the intestate, the\nage of 18 years and is not married, the person is entitled to take the\nintestate estate, or the share in the intestate estate, beneficially,\nupon his or her attaining the age of 18 years or marrying before\nattaining that age.\n(2) Where a person to whom subsection (1) applies dies before\nattaining the age of 18 years and without having married, this\nDivision applies in relation to the intestate estate of the intestate as\nif the person had died before the intestate.\n(3) This section does not affect the operation of a law in force in the\nTerritory authorizing expenditure for the maintenance,\nadvancement or benefit of a person under the age of 18 years out\nof property held on trust for, or for the benefit of, the person and, if\nproperty forming part of the intestate estate is expended for the\nmaintenance, advancement or benefit of such a person and that\nperson dies before attaining that age and without having married,\nthe intestate estate shall, for the purposes of this Division, be\ndeemed to have been reduced by the amount so expended.\n","sortOrder":50},{"sectionNumber":"64","sectionType":"section","heading":"Presumption of survivorship not to apply","content":"64 Presumption of survivorship not to apply\nWhere an intestate and his or her spouse or de facto partner have\ndied in circumstances rendering it uncertain which of them survived\nthe other, this Division applies, as to the persons entitled to the\nintestate estate, as if the spouse or de facto partner had not\nsurvived the intestate.\n","sortOrder":51},{"sectionNumber":"65","sectionType":"section","heading":"Estate by courtesy or right of dower not to arise","content":"65 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 as to which a person dies\nintestate.\n\nAdministration and Probate Act 1969 23\n","sortOrder":52},{"sectionNumber":"66","sectionType":"section","heading":"Distribution of intestate estate on intestacy","content":"66 Distribution of intestate estate on intestacy\n(1) The person or persons entitled to take an interest in the intestate\nestate of an intestate, and the interest in that estate that that person\nis or those persons are entitled to take shall, subject to this Division,\nbe ascertained by reference to Schedule 6 according to the facts\nand circumstances existing in relation to the intestate.\n(2) Where an intestate is survived by his or her spouse or a de facto\npartner, his or her intestate estate shall be taken, for the purposes\nof Schedule 6 and subsection (1), not to include any personal\nchattels of the intestate.\n(3) For the purposes of Schedule 6, the value of the intestate estate of\nan intestate shall be ascertained by deducting from the gross value\nof that intestate estate an amount equal to such of the debts and\nliabilities of the estate, the funeral and testamentary expenses, the\ncosts and expenses of administering the estate and the estate\nduties, succession duties and other duties and fees payable in\nrelation to the estate as are payable out of that intestate estate.\n(4) Where a paragraph of Schedule 6 provides for the payment of a\nsum out of the estate of an intestate 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\nof the intestate estate shall be ascertained for the purposes of that\nparagraph by ascertaining the value of the intestate estate in the\nmanner provided by subsection (3) and deducting from that value\nthe first-mentioned sum.\n(5) For the purposes of Schedule 6:\n(a) the brothers and sisters of an intestate;\n(b) the grandparents of an intestate;\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\nthe intestate,\nare the next of kin of the intestate.\n","sortOrder":53},{"sectionNumber":"67","sectionType":"section","heading":"Right of spouse or de facto partner to personal chattels","content":"67 Right of spouse or de facto partner to personal chattels\n(1) This section applies to the personal chattels of an intestate so far\nas not effectively disposed of by his or her will (if any), and has\neffect subject to section 67A.\n\nAdministration and Probate Act 1969 24\n(2) Where the intestate is survived either by a spouse or by a de facto\npartner, but not by both, the surviving spouse or de facto partner,\nas the case may be, is entitled to the personal chattels absolutely.\n(3) Where the intestate is survived by both a spouse and a de facto\npartner:\n(a) the de facto partner is entitled to the personal chattels\nabsolutely if:\n(i) he or she was the de facto partner of the intestate for a\ncontinuous period of not less than 2 years immediately\npreceding the intestate's death, and the intestate did not\nat any time during that period live with the person to\nwhom he or she was married; or\n(ii) the intestate is also survived by issue of the intestate\nand the de facto partner; and\n(b) except where paragraph (a) applies, the spouse is entitled to\nthe personal chattels absolutely.\n","sortOrder":54},{"sectionNumber":"67A","sectionType":"section","heading":"Intestate Aboriginals survived by more than one spouse","content":"67A Intestate Aboriginals survived by more than one spouse\nWhere an intestate Aboriginal is survived by more than one spouse,\nthe whole or that part of the intestate estate, as the case may be,\npassing to the spouse of the intestate by force of section 66(1) and\nthe value of the personal chattels of the intestate passing to the\nspouse by force of section 67 shall be divided into a number of\nparts equal to the number of spouses of that intestate and each\nspouse of the intestate is entitled to one of those parts of the estate\nand chattels.\n","sortOrder":55},{"sectionNumber":"68","sectionType":"section","heading":"Manner of distribution to issue","content":"68 Manner of distribution to issue\n(1) Where an intestate is survived by issue who are entitled to the\nwhole or a part of his or her intestate estate:\n(a) if only one child of the intestate survives the intestate – that\nperson is entitled to the whole, or that part, of the intestate\nestate, as the case may be;\n(b) if the intestate is survived by the issue of his or her child or\none of his or her children but by no other issue – those issue\nare entitled to the whole, or that part, of the intestate estate,\nas the case may be, through all degrees according to their\nstocks, and, if there are more than one issue, in equal shares;\nor\n\nAdministration and Probate Act 1969 25\n(c) in any other case – the whole or that part of the intestate\nestate shall be divided into a number of parts ascertained in\naccordance with subsection (2) and:\n(i) each child (if any) of the intestate who survived the\nintestate is entitled to one of those parts; and\n(ii) the issue of each child (if any) of the intestate who died\nbefore the intestate leaving issue who survived the\nintestate are entitled to one of those parts through all\ndegrees, according to their stocks, and, if there are more\nthan one issue, in equal shares.\n(2) The number of parts for the purposes of subsection (1)(c) is a\nnumber equal to the sum of:\n(a) a number equal to the number of children (if any) of the\nintestate who survived the intestate; and\n(b) a number equal to the number of children (if any) of the\nintestate who died before the intestate leaving a child or\nremoter issue who survived the intestate.\n(3) Where:\n(a) an intestate has, within the period of 5 years immediately\nbefore his or her death, paid any money, or transferred or\nassigned any property, to or for the benefit of his or her child,\nor settled any money or property for the benefit of his or her\nchild, by way of advancement or on marriage of the child; and\n(b) his or her intestate estate, or a part of his or her intestate\nestate, is divisible between the child, or the issue of the child,\nand other issue of the intestate,\nthe money or property shall be taken to have been paid,\ntransferred, assigned or settled in or towards satisfaction of the\nshare that the child will become entitled to take, or would become\nentitled to take if he or she were to survive the intestate, as the\ncase may be, in the intestate estate or the part of the intestate\nestate unless:\n(c) the contrary intention was expressed or appears from the\ncircumstances of the particular case; or\n(d) the value, as at the date of death of the intestate, ascertained\nin accordance with the requirements of the personal\nrepresentative of the intestate, of all the money so paid or\nsettled, of all the property so transferred, assigned or settled\nor all that money and property, or of so much of all that money\n\nAdministration and Probate Act 1969 26\nor property, or money and property, in respect of which such a\ncontrary intention was not expressed or did not appear, does\nnot exceed 10 000 monetary units.\n(4) Where any money or property is taken to have been paid,\ntransferred, assigned or settled, in accordance with subsection (3),\nin or towards satisfaction of the share of a child of an intestate, the\nmoney or property shall be brought into account, at a valuation, as\nat the date of death of the intestate, in accordance with the\nrequirements of the personal representative of the intestate, in\ncalculating the share that the child or the issue of the child, as the\ncase may be, is entitled to take under this Division in the intestate\nestate or a part of the intestate estate.\n","sortOrder":56},{"sectionNumber":"69","sectionType":"section","heading":"Manner of distribution to next of kin","content":"69 Manner of distribution to next of kin\n(1) Where, by virtue of this Act, the next of kin of an intestate are\nentitled to his or her intestate estate, the persons entitled to that\nintestate estate shall be ascertained in accordance with the\nfollowing paragraphs:\n(a) the brothers and sisters of the intestate who survived the\nintestate, and the issue of a brother or sister of the intestate\nwho died before the intestate, being issue who survived the\nintestate, are 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 one or\nmore of his or her grandparents, the grandparent is entitled to\nthe intestate estate or the grandparents are entitled to the\nintestate estate in equal shares, as the case requires; and\n(c) if the intestate is not survived by any persons entitled to the\nintestate estate under paragraphs (a) and (b), the uncles and\naunts of the intestate who survived the intestate and the issue\nof such an uncle or aunt who died before the intestate, being\nissue who survived the intestate, are entitled to the intestate\n(2) The intestate estate of an intestate shall be divided amongst the\nbrothers and sisters or the uncles and aunts of the intestate, and\nthe issue of those brothers or sisters, or uncles or aunts, who died\nbefore the intestate, in the same manner as the intestate estate\nwould have been divided amongst those persons if the brothers and\nsisters or the uncles and aunts, as the case may be, had been\nchildren of the intestate and the issue of a brother, sister, uncle or\naunt who died before the intestate had been issue of a child of the\nintestate who died before the intestate.\n\nAdministration and Probate Act 1969 27\n","sortOrder":57},{"sectionNumber":"70","sectionType":"section","heading":"Partial intestacies","content":"70 Partial intestacies\n(1) Where a beneficial interest in the real or personal property (other\nthan personal chattels) of an intestate is acquired under a will of the\nintestate by a spouse or de facto partner of the intestate who, but\nfor this section, would be entitled to an interest in the intestate's\nintestate estate by virtue of Schedule 6, then:\n(a) the person or persons entitled to take an interest in the\nintestate estate; and\n(b) the interest in that estate which that person or those persons\nis or are entitled to take,\nshall be ascertained by reference to this section, with Schedule 6\napplying only to the extent that this section so provides.\n(2) Where the intestate is not survived by issue or a parent, a brother\nor sister or the issue of a brother or sister – the spouse or de facto\npartner is entitled to the whole of the intestate estate.\n(3) Where the intestate is survived by issue:\n(a) if the value of the beneficial interest that is acquired by the\nspouse or de facto partner under the will does not exceed the\namount prescribed for the purposes of item 2 in Part I of\nSchedule 6 – that item (including that item as applied by\nPart II or III of Schedule 6) has effect as if references in it to\nthe prescribed amount or the prescribed sum were references\nto the prescribed amount or the prescribed sum, as the case\nmay be, reduced by the value of that beneficial interest; or\n(b) if the value of the beneficial interest that is acquired by the\nspouse or de facto partner under the will exceeds the amount\nprescribed for the purposes of item 3 in Part I of Schedule 6:\n(i) the spouse or de facto partner is entitled to be paid out\nof the intestate estate a sum equal to, if one child or the\nissue of one child of the intestate but no other issue of\nthe intestate survives the intestate, one-half of the value\nof the intestate estate or, in any other case, one-third of\nthe value of the intestate estate; and\n(ii) the issue of the intestate are entitled to the balance of\nthe intestate estate after payment to the spouse or de\nfacto partner of the sum to which the spouse or de facto\npartner is entitled under subparagraph (i).\n\nAdministration and Probate Act 1969 28\n(4) Where the intestate is not survived by issue but is survived by a\nparent, a brother or sister or the issue of a brother or sister:\n(a) if the value of the beneficial interest that is acquired by the\nspouse or de facto partner under the will does not exceed the\namount prescribed for the purposes of item 3 in Part I of\nSchedule 6 – that item (including that item as applied by\nPart II or III of Schedule 6) has effect as if references in it to\nthe prescribed amount or the prescribed sum were references\nto the prescribed amount or the prescribed sum, as the case\nmay be, reduced by the value of that beneficial interest; or\n(b) if the value of the beneficial interest that is acquired by the\nspouse or de facto partner under the will exceeds the amount\nprescribed for the purposes of item 3 in Part I of Schedule 6:\n(i) the spouse or de facto partner is entitled to be paid out\nof the intestate estate a sum equal to one-half of the\nvalue of the intestate estate;\n(ii) if the intestate is survived by one or both of his or her\nparents (whether or not the intestate is also survived by\na brother or sister or the issue of a brother or sister) –\nthe surviving parent is entitled, or the parents are entitled\nin equal shares, as the case may be, to the balance of\nthe intestate estate after payment to the spouse or de\nfacto partner of the sum to which the spouse or de facto\npartner is entitled under subparagraph (i); and\n(iii) if the intestate is not survived by a parent – the brothers\nand sisters of the intestate who survive the intestate, and\nthe issue who survive the intestate of a brother or sister\nof the intestate who died before the intestate, are entitled\nto the balance of the intestate estate, after payment to\nthe spouse or de facto partner of the sum to which the\nspouse or de facto partner is entitled under\nsubparagraph (i), in the shares in which he, she or they\nwould have been entitled to the intestate estate if the\nintestate had not been survived by his or her spouse or\nde facto partner.\n(5) Section 66(3) applies for the purposes of subsections (3) and (4) in\nlike manner as it applies for the purposes of Schedule 6.\n(6) Where a child of an intestate who is entitled to take an interest in\nhis or her intestate estate also acquires an interest under the will of\nthe intestate in the real or personal property of the intestate, the\ninterest to which the child is entitled under the will shall be brought\ninto account, at a valuation, as at the date of death of the intestate,\n\nAdministration and Probate Act 1969 29\nin accordance with the requirements of the personal representative\nof the intestate, in calculating the interest that the child is entitled to\ntake under this Division in the intestate estate.\n(7) For the purposes of this section, a beneficial interest in real or\npersonal property acquired by virtue of the exercise, by will, of a\ngeneral power of appointment, shall be taken to be an interest\nacquired under that will.\n","sortOrder":58},{"sectionNumber":"71","sectionType":"section","heading":"Application","content":"71 Application\n(1) This Division applies in respect of the intestate estate of an\nintestate Aboriginal who:\n(a) has not entered into a marriage that is a valid marriage under\nthe Marriage Act 1961 of the Commonwealth; and\n(b) dies after the commencement of the Administration and\nProbate Act 1979.\n(2) In this Division intestate and intestate estate have the meanings\nrespectively ascribed thereto in Division 4.\n","sortOrder":59},{"sectionNumber":"71A","sectionType":"section","heading":"Intestate estate not to include debts, &c.","content":"71A Intestate estate not to include debts, &c.\nFor the purposes of this Division, the intestate estate of an intestate\ndoes not include an amount equal to such of the debts and liabilities\nof the estate, the funeral and testamentary expenses, the costs and\nexpenses of administering the estate and the estate duties,\nsuccession duties and other duties and fees payable in relation to\nthe estate as are payable out of the intestate estate.\n","sortOrder":60},{"sectionNumber":"71B","sectionType":"section","heading":"Applications for orders for distribution","content":"71B Applications for orders for distribution\n(1) A person who claims to be entitled to take an interest in an intestate\nestate of an intestate Aboriginal under the customs and traditions of\nthe community or group to which the intestate Aboriginal belonged\nor a professional personal representative may apply to the Court for\nan order under this Division in relation to the intestate estate.\n(2) An application under subsection (1) shall be accompanied by a plan\nof distribution of the intestate estate prepared in accordance with\nthe traditions of the community or group to which the intestate\nAboriginal belonged.\n\nAdministration and Probate Act 1969 30\n","sortOrder":61},{"sectionNumber":"71C","sectionType":"section","heading":"Time for making applications","content":"71C Time for making applications\n(1) Subject to subsection (2), an application under section 71B in\nrespect of an intestate estate shall be made within a period of\n6 months after the date on which administration has been granted\nin respect of the estate.\n(2) The Court may, after hearing such of the persons affected as the\nCourt thinks necessary, extend the time in which an application\nmay be made under section 71B.\n(3) An extension of time in pursuance of this section made be granted:\n(a) upon such conditions as the Court thinks fit; and\n(b) whether or not the time for making an application has expired.\n(4) An application for an extension under this section of the time within\nwhich an application under section 71B may be made shall not be\nmade after the intestate estate has been lawfully and fully\ndistributed.\n(5) An application under section 71B shall, for the purposes of this\nsection, be deemed to have been made on the date upon which the\nnotice of motion or other document instituting the application is\nfiled.\n","sortOrder":62},{"sectionNumber":"71D","sectionType":"section","heading":"Service of applications","content":"71D Service of applications\n(1) Where an application has been made to the Court under\nsection 71B in relation to an intestate estate, the applicant shall\ncause notice of the application to be served on each person who is\nan administrator of the intestate estate.\n(2) The Court may:\n(a) of its own motion, and either before or during the hearing of an\napplication under section 71B; or\n(b) on application made by the applicant or by the administrator of\nthe intestate estate,\norder that notice of the application be served on such person as the\nCourt thinks fit.\n","sortOrder":63},{"sectionNumber":"71E","sectionType":"section","heading":"Distribution order","content":"71E Distribution order\n(1) Notwithstanding any other provision of this Act but subject to this\nDivision, the Court may order that an intestate estate or a part of an\nintestate estate be distributed in the manner specified by the Court.\n\nAdministration and Probate Act 1969 31\n(2) The Court shall, in making an order for the distribution of an\nintestate estate under this Division, take into account:\n(a) the plan of distribution prepared under section 71B(2); and\n(b) the traditions of the community or group to which the intestate\nAboriginal belonged.\n(3) The Court shall not make an order for the distribution of an estate\nunder this Division unless it is satisfied that to make the order\nwould, in all the circumstances, be just.\n","sortOrder":64},{"sectionNumber":"71F","sectionType":"section","heading":"Property in respect of which distribution order may be made","content":"71F Property in respect of which distribution order may be made\n(1) Subject to subsection (2), but notwithstanding any distribution of an\nintestate estate made by the administrator of the estate before the\nadministrator had notice of an application under section 71B in\nrelation to the estate made within 6 months after the date on which\nadministration of the estate was granted, the Court may make an\norder under this Division in respect of the property comprised in the\nintestate estate that has been so distributed.\n(2) The Court shall not make an order under subsection (1) if the\nmaking of that order would affect or disturb a distribution that was a\nproper distribution made for the purposes of providing for the\nmaintenance, education or advancement in life of a person who\nwas totally or partially dependent on the intestate Aboriginal\nimmediately before his or her death.\n","sortOrder":65},{"sectionNumber":"Div 5","sectionType":"division","heading":"Matrimonial home (including home of de facto","content":"Division 5 Matrimonial home (including home of de facto\npartner)\n","sortOrder":66},{"sectionNumber":"72","sectionType":"section","heading":"Definitions","content":"72 Definitions\n(1) In this Division:\ndwelling includes:\n(a) a unit or building lot under the Unit Titles Act 1975; and\n(aa) a unit under the Unit Title Schemes Act 2009; and\n(b) a part of a building that is designed for occupation as a\npermanent residence.\nintestate, see section 61(1).\nintestate estate, see section 61(1).\npersonal representative, see section 61(1).\n\nAdministration and Probate Act 1969 32\nrepresentation, in relation to an intestate, means probate of the\nwill, or administration (including administration with the will of the\nintestate annexed) of the estate, of the intestate, as the case\nrequires.\n(2) This Division does not apply to or in respect of the intestate estate\nof an Aboriginal person who is survived by more than one spouse.\n","sortOrder":67},{"sectionNumber":"73","sectionType":"section","heading":"Right of spouse or de facto partner to have matrimonial home","content":"73 Right of spouse or de facto partner to have matrimonial home\nappropriated\n(1) Subject to the provisions of this Division, where the intestate estate\nof an intestate who is survived by his or her spouse or de facto\npartner comprises or includes an interest in a dwelling in which the\nspouse or de facto partner of the intestate was residing at the date\nof the intestate's death, the spouse or de facto partner may elect to\nhave that interest appropriated under section 81 in or towards the\nsatisfaction of any interest of the spouse or de facto partner in the\nreal and personal property of the intestate; and, if the spouse or de\nfacto partner so elects, the personal representative of the intestate\nshall appropriate that interest accordingly.\n(2) An election under this section may be exercised within a period of\none year after the date on which representation in the estate of the\nintestate is granted by the Court or within such extended period as\nthe Court allows.\n(3) Where:\n(a) probate of a will of the intestate has been revoked on the\nground that the will be invalid;\n(b) a question whether a person had an interest in the estate of\nthe intestate, or a question as to the nature of an interest\nclaimed in the estate of the intestate, had not been determined\nat the time when administration of the estate was granted or\nfirst granted, as the case may be; or\n(c) the Court, for any other reason affecting the administration or\ndistribution of the estate, considers it proper to do so,\nthe Court may extend the period specified in subsection (2).\n(4) An election by a spouse or de facto partner shall be furnished in\nwriting:\n(a) if the spouse or de facto partner is not a personal\nrepresentative of the intestate – to the personal representative\nor to each personal representative, as the case may be, of the\n\nAdministration and Probate Act 1969 33\n(b) if the spouse or de facto partner is one of the personal\nrepresentatives of the intestate – to the other personal\nrepresentative, or to each other personal representative, as\nthe case may be, of the intestate; or\n(c) if the spouse or de facto partner is the sole personal\nrepresentative of the intestate – to the Registrar.\n(5) An election is not revocable except with the consent of the personal\nrepresentative or of each personal representative, as the case may\nbe, of the intestate.\n(6) A spouse or de facto partner may require the personal\nrepresentative of the intestate to have the interest in the dwelling\nvalued, and to inform him or her of the result of that valuation,\nbefore deciding whether to exercise the right conferred by this\nDivision.\n","sortOrder":68},{"sectionNumber":"74","sectionType":"section","heading":"Interest in home to be valued","content":"74 Interest in home to be valued\nFor the purposes of this Division, the value of the interest of an\nintestate in a dwelling is the amount determined by a valuer, within\nthe meaning of the Valuation of Land Act 1963, engaged by the\npersonal representatives of the intestate to be the market value of\nthe interest.\n","sortOrder":69},{"sectionNumber":"75","sectionType":"section","heading":"Right not exercisable in case of certain tenancies","content":"75 Right not exercisable in case of certain tenancies\nThe right conferred by this Division is not exercisable where the\ninterest of the intestate in the dwelling 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\nthe intestate, entitled to determine before the expiration of that\nperiod.\n","sortOrder":70},{"sectionNumber":"76","sectionType":"section","heading":"Right not exercisable in certain other cases","content":"76 Right not exercisable in certain other cases\nWhere:\n(a) a dwelling forms part of a building and an interest in the whole\nof the building is comprised in the intestate estate of an\n(b) a dwelling is held with agricultural land and an interest in the\nagricultural land is comprised in the intestate estate of an\n\nAdministration and Probate Act 1969 34\n(c) the whole or part of a dwelling was, at the date of an\nintestate's death, used as a hotel or boarding-house; or\n(d) a part of a dwelling was, at the date of an intestate's death,\nused for purposes other than domestic purposes,\nthe right conferred by this Division on the spouse or de facto\npartner of the intestate in respect of the dwelling is not exercisable\nby the spouse or de facto partner unless the Court, being satisfied\nthat the exercise of that right is not likely to:\n(e) diminish the value of the assets (other than the interest in the\ndwelling) in the intestate estate; or\n(f) make those assets more difficult to dispose of,\norders that it be so exercisable.\n","sortOrder":71},{"sectionNumber":"77","sectionType":"section","heading":"Personal representative not to sell or dispose of interest","content":"77 Personal representative not to sell or dispose of interest\nwithout consent\n(1) A personal representative of an intestate is not authorized to sell or\notherwise dispose of the interest of the intestate in a dwelling in\nwhich the spouse or de facto partner of the intestate was residing at\nthe date of the intestate's death during the period of one year after\nthe date on which representation in the estate of the intestate is\ngranted by the Court or, if that period is extended by the Court,\nduring that extended period without the consent in writing of the\nspouse or de facto partner, except in the course of administration\nowing to want of other assets or except with the approval of the\nCourt.\n(2) Where on an application for an order under section 76 made by the\nspouse or de facto partner or by the personal representatives of the\nintestate, the Court does not order that the right conferred by\nsection 73 may be exercised by the surviving spouse or de facto\npartner, the Court may approve the disposal of the interest in the\ndwelling within the period of one year referred to in subsection (1).\n(3) This section does not apply where the spouse or de facto partner of\nthe intestate is the sole personal representative, or one of 2 or more\npersonal representatives, of the intestate.\n(4) Nothing in this section shall be taken to affect the validity of a sale\nby the personal representatives of an intestate of any part of the\nestate of the intestate.\n\nAdministration and Probate Act 1969 35\n","sortOrder":72},{"sectionNumber":"78","sectionType":"section","heading":"Rule that trustee not to purchase trust property","content":"78 Rule that trustee not to purchase trust property\nWhere the spouse or de facto partner of an intestate is the sole\npersonal representative of the intestate or one of 2 or more\npersonal representatives of the intestate, he or she may,\nnotwithstanding that he or she is a trustee, acquire under this\nDivision the interest of the intestate in the dwelling in which the\nspouse or de facto partner was residing at the date of the intestate's\ndeath.\n","sortOrder":73},{"sectionNumber":"79","sectionType":"section","heading":"Surviving spouse or de facto partner under a legal disability","content":"79 Surviving spouse or de facto partner under a legal disability\n(1) Where the spouse or de facto partner of an intestate is a person\nunder a disability, other than an infant, a requirement or consent\nunder this Division may be made or given on his or her behalf by\nhis or her guardian, if any, or, where there is no such guardian, by\nthe Court.\n(2) A requirement of consent made or given under this Division by a\nsurviving spouse or de facto partner who is an infant is as valid as it\nwould be if he or she had attained the age of 18 years.\n","sortOrder":74},{"sectionNumber":"Div 6","sectionType":"division","heading":"Rights, powers, duties and liabilities of executors","content":"Division 6 Rights, powers, duties and liabilities of executors\nand administrators\n","sortOrder":75},{"sectionNumber":"80","sectionType":"section","heading":"Powers of executors and administrators as to sale, mortgage,","content":"80 Powers of executors and administrators as to sale, mortgage,\nor lease of real estate\n(1) Subject to this section, executors and administrators 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;\n(b) sell the real estate of the deceased person as to which he or\nshe died intestate, for purposes of distribution or division\namongst the persons entitled;\n(c) lease the real estate of the deceased person in possession for\nany term not exceeding 3 years; or\n(d) subject to subsection (4), raise, on the security of the whole or\nany part of the intestate estate of the deceased person, any\nsum required by the executors or administrators for the\npurpose of paying to the spouse or de facto partner of the\nperson the share, or a part of the share, of the spouse in the\nintestate estate of the person.\n\nAdministration and Probate Act 1969 36\n(2) Any conditions may be imposed on the exercise of any such power\nof sale, mortgage, lease or raising of any sum by an administrator,\nand either generally or in the case of a particular sale, mortgage,\nlease or raising of any sum, by Rules of Court, or by the Court in\nthe grant of administration (if any), or by other order.\n(3) The Registrar shall write on the letters of administration, and on any\ncopy of the letters of administration issued by him or her, a certified\ncopy of any conditions imposed by the Court under subsection (2).\n(4) The power conferred by subsection (1)(d) on the executors or\nadministrators of a deceased person is exercisable only in a case\nwhere the deceased person is an intestate for the purposes of\nDivision 4.\n(5) In this section, the intestate estate, in relation to a person who is\nan intestate for the purposes of Division 4, has the same meaning\nas in that Division.\n(6) A purchaser, mortgagee, lessee or other person who for valuable\nconsideration acquires an interest in the estate of a deceased\nperson, or the Registrar-General or other person registering title\nunder any sale, mortgage or lease under this section, is not bound\nto inquire whether the powers mentioned in subsection (1) or any of\nthem are being or have been exercised for the purposes specified\nin that subsection, and the receipt of the executor or administrator\nshall be a sufficient discharge, and shall exonerate the persons\npaying the moneys from any responsibility for the application of the\nmoneys expressed to have been so received.\n(7) Some or one only of several executors or administrators shall be\nentitled to exercise those powers with the leave of the Court, and\nnot otherwise, and the Court may make such orders as it thinks fit\nfor the purpose of carrying out any such sale, mortgage, lease or\nraising of any sum.\n","sortOrder":76},{"sectionNumber":"81","sectionType":"section","heading":"Powers of executors and administrators as to appropriation","content":"81 Powers of executors and administrators as to appropriation\n(1) Subject to this section, the executor or administrator may, without\nthe consent of any person or the order of a court, appropriate any\npart of the estate, including things in action, of the deceased\nperson, in its actual condition or state of investment at the time of\nappropriation, in or towards satisfaction of any legacy bequeathed\nby the deceased person or of any other interest or share in his or\nher property, whether settled or not, as to the personal\nrepresentative seems just and reasonable according to the\nrespective rights of the persons interested in the property of the\ndeceased person.\n\nAdministration and Probate Act 1969 37\n(2) An appropriation shall not be made under this section so as to\naffect prejudicially any specific device or bequest.\n(3) Subject to this section, an appropriation of property, whether or not\nit is an investment authorized by law or by the will (if any) of the\ndeceased person for the investment of money subject to the trust\ncreated by the will, shall not be made under this section except with\nthe following consents:\n(a) when made for the benefit of a person absolutely and\nbeneficially entitled in possession – the consent of that\nperson;\n(b) when made in respect of any settled legacy, share or\ninterest – the consent of either the trustee thereof, if any, (not\nbeing also the executor or administrator) or the person who is\nfor the time being entitled to the income.\n(4) If the person whose consent is required under subsection (3) is an\ninfant or a mentally defective person, the consent shall be given on\nhis or her behalf by:\n(a) his or her parents or parent, testamentary or other guardian or\ncommittee;\n(b) the Court on the application of his or her next friend, if he or\nshe is an infant and there is not such a parent or guardian; or\n(c) the Court on the application of the executor or administrator, if\nhe or she is a mentally defective person and there is not such\na committee.\n(5) No consent (except of such a trustee as is mentioned in\nsubsection (3)(b)) shall be required on behalf of a person who may\ncome into existence after the time of appropriation or who cannot\nbe found or ascertained at that time.\n(6) If, independently of the executor or administrator, there is no trustee\nof a settled legacy, share or interest and no person of full age and\ncapacity entitled to the income thereof, no consent shall be required\nto an appropriation in respect of the legacy, share or interest\nprovided that the appropriation is of an investment authorized by\nlaw or by the will (if any) of the deceased person for the investment\nof money subject to the trust.\n(7) Any property duly appropriated under the powers conferred by this\nsection shall thereafter be treated as an authorized investment and\nmay be retained or dealt with accordingly.\n\nAdministration and Probate Act 1969 38\n(8) For the purposes of such an appropriation the executor or\nadministrator may ascertain and fix the value of the respective parts\nof the real and personal estate and the liabilities of the deceased\nperson as he or she thinks fit and shall for that purpose employ a\nduly qualified valuer in any case where such employment may be\nnecessary and may make any conveyance (including an assent)\nwhich may be requisite for giving effect to the appropriation.\n(9) An appropriation made pursuant to this section shall bind all\npersons interested in the property of the deceased person whose\nconsent is not required by this section.\n(10) The executor or administrator shall in making the appropriation\nhave regard to the rights of any person who may thereafter come\ninto existence or who cannot be found or ascertained at the time of\nappropriation and of any other person whose consent is not\nrequired by this section.\n(11) This section shall not prejudice any other power of appropriation\nconferred by law or by the will (if any) of the deceased person and\nwhere an appropriation is made under this section in respect of a\nsettled legacy, share or interest, the property appropriated shall\nremain subject to all trusts for sale and powers of leasing,\ndisposition and management or varying investments which would\nhave been applicable to it or to the legacy, share or interest in\nrespect of which the appropriation is made if no such appropriation\nhad been made.\n(12) If, after any real estate (including chattels real) has been\nappropriated in purported exercise of the powers conferred by this\nsection, the person to whom it was conveyed disposes of it or any\ninterest in it, then in favour of a purchaser the appropriation shall be\ndeemed to have been made in accordance with the requirements of\nthis section and after all requisite consents (if any) had been given.\n(13) In this section a settled legacy, share or interest includes any\nlegacy, share or interest to which a person is not absolutely entitled\nin possession at the date of the appropriation and includes also an\nannuity; and purchaser means a purchaser for money or money's\nworth.\n(14) This section:\n(a) applies whether the deceased person died intestate or not;\n(b) extends to property over which a testator exercises a general\npower of appointment, including the statutory power to\ndispose of entailed interests; and\n\nAdministration and Probate Act 1969 39\n(c) authorizes the setting apart of a fund to answer an annuity by\nmeans of the income of that fund or otherwise.\n","sortOrder":77},{"sectionNumber":"82","sectionType":"section","heading":"Court may make special order","content":"82 Court may make special order\nThe Court or a Judge may, where administration has been granted,\nupon the application of the administrator, or in case of partial\nintestacy the executor or administrator with the will annexed, or of\nany person beneficially interested, and after such previous notice to\nthe other parties and inquiry as the Court or Judge thinks fit, order\nand direct the course of proceedings which shall be taken in regard\nto:\n(a) the time and mode of sale of any real estate;\n(b) the letting and management thereof until sale;\n(c) the application for maintenance or advancement or otherwise\nof shares or income of shares of infants; and\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\nthe greatest advantage of all persons interested.\n","sortOrder":78},{"sectionNumber":"83","sectionType":"section","heading":"Court may authorize postponement of realization and carrying","content":"83 Court may authorize postponement of realization and carrying\non of business\n(1) The Court may, where it thinks it beneficial so to do and subject to\nsuch conditions as it thinks fit to impose, authorize an executor or\nadministrator:\n(a) to postpone, for such period as the Court thinks fit, the\nrealization of the real or personal estate of a deceased\nperson, or any part of that estate; or\n(b) to carry on, for such period or periods as the Court from time\nto time thinks fit, the business, trade or occupation of the\ndeceased person, and for that purpose to use therein such\nestate or part thereof.\n(2) An order under this section may be made either ex parte or on such\nnotice as the Court in any case thinks proper, and may be varied\nfrom time to time as the Court thinks fit.\n(3) If an executor or administrator has, prior to the commencement of\nthis Act, postponed the realization of the estate of a deceased\nperson, or any part of that estate, or carried on the business, trade\nor occupation of the deceased person, the Court may, in its\ndiscretion, approve of any such postponement or carrying on of the\n\nAdministration and Probate Act 1969 40\nbusiness, trade or occupation, and the approval shall operate and\ntake effect as if this section had been in force when such\npostponement or carrying on of the business, trade or occupation\noccurred and the approval had been obtained prior thereto.\n","sortOrder":79},{"sectionNumber":"84","sectionType":"section","heading":"Court may order partition in a summary way","content":"84 Court may order partition in a summary way\n(1) Where, upon an inquiry under section 82 the Court is satisfied that\na partition of the real estate, or any part thereof, will be\nadvantageous to the parties interested therein, the Court may\nappoint one or more arbitrators to effect the partition.\n(2) The report and final award of the arbitrators setting forth particulars\nof the land allotted to each party interested shall, when signed by\nthem and confirmed by the order of the Court and registered in the\noffice of the Registrar-General, be effectual without the necessity of\nany further conveyance to vest in each party the land so allotted to\nhim or her, and an office copy of the award so signed, confirmed,\nand registered, shall for all purposes be equivalent to an indenture\nof conveyance to each party of the lands allotted to him or her.\n(3) In the case of land subject to the provisions of the Land Title\nAct 2000 each party shall be entitled to have issued to him or her a\ncertificate as to title for the land so allotted to him or her.\n(4) If the allotment be made subject to the charge of any money\npayable to any other party interested for equalizing the partition, the\ncharge shall take effect according to the terms and conditions in\nregard to time and mode and otherwise which are expressed in the\naward without the necessity of any further instrument being made\nor executed.\n(5) In the case of land subject to the provisions of the Land Title\nAct 2000, the certificate as to title shall issue subject to the charge,\nunless the charge is satisfied.\n(6) The preceding provisions of this section do not authorize the\npartition of any real estate in contravention of the provisions of any\nother law in force in the Territory relating to the partition of that real\n","sortOrder":80},{"sectionNumber":"85","sectionType":"section","heading":"Personal representative not required to continue to act against","content":"85 Personal representative not required to continue to act against\nown consent\nA personal representative shall not be required against his or her\nown consent to continue the duty of a trustee by managing the\nproperty during an enforced suspension of sale, but shall be\nentitled, upon that suspension being ordered, to relinquish his or\nher trust to such person as the Court appoints.\n\nAdministration and Probate Act 1969 41\n","sortOrder":81},{"sectionNumber":"87","sectionType":"section","heading":"All debts to stand in equal degree","content":"87 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 shall, notwithstanding\nanything to the contrary contained in any law, be treated as\nstanding in equal degree and be paid accordingly out of the assets\nof the deceased person.\n(2) In the administration of the estate of a deceased person, in respect\nof which representation is granted under this Act, no debt or liability\nof that person shall be entitled to any priority or preference by\nreason only that it is due to an executor or administrator of the\n(3) This Act shall not prejudice or affect any mortgage, lien, charge or\nother security which any creditor may hold or be entitled to for\npayment of his or her debt.\n(4) Nothing in this Act shall affect the provisions of any law protecting\nlife assurance or other policies against creditors.\n","sortOrder":82},{"sectionNumber":"88","sectionType":"section","heading":"Summary application for legacy, &c.","content":"88 Summary application for legacy, &c.\nIf the executor or administrator, after request in writing, neglects or\nrefuses to:\n(a) execute a conveyance of land devised to the devisee; or\n(b) pay or hand over to the person entitled any legacy or\nresiduary bequest,\nthe Court may, on the application of such devisee or person, make\nsuch order in the matter as it thinks fit.\n","sortOrder":83},{"sectionNumber":"89","sectionType":"section","heading":"Executor or administrator to pass certain accounts","content":"89 Executor or administrator to pass certain accounts\nAn executor or administrator of the estate of a deceased person\nshall, when required to do so by:\n(a) the Court; or\n(b) the Supreme Court Rules 1987,\nfile or file and pass accounts relating to the administration of the\n\nAdministration and Probate Act 1969 42\n","sortOrder":84},{"sectionNumber":"90","sectionType":"section","heading":"Passing and allowance of the accounts of executors and","content":"90 Passing and allowance of the accounts of executors and\nadministrators\nThe Registrar in the name and under the seal of the Court may\nmake any order or grant any certificate which the Court may make\nor grant:\n(a) in and about the passing and allowance of the accounts of\nexecutors and administrators and the costs in connection\ntherewith where no commission is applied for; or\n(b) in or in connection with the granting of further time to\nexecutors and administrators to file, to file and pass or to pass\ntheir accounts in a case where no objection is raised to the\ngranting of the further time by a person interested or where no\ndoubt or difficulty arises.\n","sortOrder":85},{"sectionNumber":"91","sectionType":"section","heading":"Punishment for accounts not exhibited","content":"91 Punishment for accounts not exhibited\n(1) In case an executor or administrator neglects for one month after\nthe expiration of the period fixed, to file an inventory or statement,\nor to file, to file and pass or to pass accounts, in accordance with\nsection 89, the Registrar shall cause the executor or administrator\nto be notified of the neglect.\n(2) In the case of further neglect for a period of one month, the\nRegistrar shall cause the executor or administrator to be\nsummoned before the Court to show cause why he or she should\nnot be ordered to file the inventory or statement or to file, to file and\npass or to pass the accounts forthwith.\n(3) If the executor or administrator does not, within the prescribed time,\nor within such further time as is allowed him or her by the Court, file\nthe inventory or file, file and pass or pass the accounts, as the case\nmay be, in the prescribed manner or in such other manner as the\nCourt orders, he or she shall be liable to punishment for contempt\nof court.\n(4) An executor or administrator to whom this section applies is, unless\nthe Court otherwise orders, personally liable for the costs and\nexpenses of any proceedings in pursuance of subsection (3).\n","sortOrder":86},{"sectionNumber":"92","sectionType":"section","heading":"Proceedings under section 91 not to prejudice proceedings on","content":"92 Proceedings under section 91 not to prejudice proceedings on\nbond\nProceedings being taken under section 91 shall not prejudice the\nright to proceed against the executor or administrator for an\naccount and administration, or prevent the Court from ordering the\nassignment of any bond to any person with a view to enforcing the\npenalty thereof.\n\nAdministration and Probate Act 1969 43\n","sortOrder":87},{"sectionNumber":"93","sectionType":"section","heading":"Court may make order as to disposal of moneys in hands of","content":"93 Court may make order as to disposal of moneys in hands of\nexecutor, &c.\n(1) The Court may make such order, as it thinks fit, with reference to\nthe distribution or application of any moneys which the executor,\nadministrator or Public Trustee has in hand, or as to the residue of\n(2) No final order for distribution shall be made except upon notice to\nall the parties entitled.\n","sortOrder":88},{"sectionNumber":"94","sectionType":"section","heading":"Payments under revoked probates or administrations valid","content":"94 Payments under revoked probates or administrations valid\nThe executor or administrator who has acted under any revoked or\nrescinded probate or administration may retain and reimburse\nhimself or herself, or shall be entitled to be reimbursed for, an\namount equal to the amount of any payments made by him or her\nwhich the person to whom probate or administration is afterwards\nor was originally granted might have lawfully made.\n","sortOrder":89},{"sectionNumber":"95","sectionType":"section","heading":"Persons, &c., making payments upon probate granted for","content":"95 Persons, &c., making payments upon probate granted for\nestate of deceased person to be indemnified\nAll persons making or permitting to be made any payment or\ntransfer, bona fide, upon any probate or administration or order\ngranted in respect of the estate of any deceased person under the\nauthority of this Act shall be indemnified and protected in so doing,\nnotwithstanding any defect or circumstance whatsoever affecting\nthe validity of the probate or administration or order not then known\nto those persons.\n","sortOrder":90},{"sectionNumber":"96","sectionType":"section","heading":"Distribution of assets, &c.","content":"96 Distribution of assets, &c.\n(1) Where an executor or administrator has given such or the like\nnotices as, in the opinion of the Court in which the executor or\nadministrator is sought to be charged, would have been given by\nthe Supreme Court in an administration suit, for creditors and\nothers to send in to the executor or administrator their claims\nagainst the estate of the testator or intestate, the executor or\nadministrator may at the expiration of the time named in the\nnotices, or the last of the notices, for sending in those claims,\ndistribute the assets of the testator or intestate, or any part thereof,\namongst the persons entitled thereto, having regard to the claims of\nwhich the executor or administrator has then notice.\n(2) The executor or administrator shall not be liable for the assets or\nany part thereof so distributed to any person of whose claim he or\nshe has not had notice at the time of the distribution.\n\nAdministration and Probate Act 1969 44\n(3) An action shall not lie against the administrator of an intestate\nestate of an intestate Aboriginal by reason of the distribution of the\nwhole or any part of the intestate estate of the Aboriginal if the\ndistribution was a distribution made in pursuance of an order under\n","sortOrder":91},{"sectionNumber":"Div 4A","sectionType":"division","heading":"of Part III or if:","content":"Division 4A of Part III or if:\n(a) the distribution was made before the administrator had notice\nof an application for such an order; and\n(b) before making the distribution, the administrator had given\nnotices under subsection (1) and the time specified in the\nnotices or in the last of the notices for the sending in of claims\nhad expired.\n","sortOrder":92},{"sectionNumber":"97","sectionType":"section","heading":"Claim barred against executor or administrator in certain","content":"97 Claim barred against executor or administrator in certain\ncases\n(1) When an executor or administrator has given the notices mentioned\nin section 96, and a claim against the estate is sent in to him or her,\nthe administrator or executor may, if he or she disputes the claim,\nserve upon the person, by whom or on whose behalf the claim was\nsent in, a notice calling upon that person to take proceedings to\nenforce his or her claim within a period of 6 months, and to duly\nprosecute the claim.\n(2) If, after that period of 6 months has expired, that person does not\nsatisfy the Court that he or she is duly prosecuting his or her claim,\nthe Court may, on application by the executor or administrator,\nmake an order barring the claim against the executor or\nadministrator, subject to such conditions as appear just, or make\nsuch other order as the Court thinks fit.\n","sortOrder":93},{"sectionNumber":"98","sectionType":"section","heading":"Distribution of estate by executors and administrators","content":"98 Distribution of estate by executors and administrators\n(1) Where an executor or administrator liable as such, under any lease\nor agreement for a lease, granted or assigned to, or made and\nentered into with, the testator or intestate whose estate is being\nadministered, to the rents, covenants or agreements contained in\nthe lease or agreement for a lease has:\n(a) satisfied all such liabilities under the lease, or agreement for a\nlease, as have accrued due and been claimed up to the\nassignment mentioned in paragraph (c);\n(b) set apart a sufficient sum to answer any future claim that may\nbe made in respect of any fixed and ascertained sum,\ncovenanted or agreed by the lessee, to be laid out on the\nproperty demised, or agreed to be demised, although the\nperiod for laying out the sum may not have arrived; and\n\nAdministration and Probate Act 1969 45\n(c) assigned the lease, or agreement for a lease, to a purchaser,\nor to a legatee, devisee, or other person entitled to call for a\nconveyance thereof,\nhe or she may distribute the estate of the testator or the intestate\nremaining in his or her hands amongst the parties entitled thereto\nrespectively, without appropriating any part, or any further part\nthereof, as the case may be, to meet any future liability under the\nlease, or agreement for a lease.\n(2) An executor or administrator so distributing the estate shall not,\nafter having made or executed that assignment, and having, where\nnecessary, set apart that sufficient fund, be personally liable in\nrespect of any subsequent claim under the lease, or agreement for\na lease.\n(3) In this section lease includes an underlease.\n","sortOrder":94},{"sectionNumber":"99","sectionType":"section","heading":"Right to follow assets","content":"99 Right to follow assets\nNothing in section 96, 97 or 98 contained shall prejudice the right of\nany creditor or claimant or lessor, or those claiming under any\nlessor, to follow the assets or estate, or any part thereof, into the\nhands of the persons, or any of them, among whom they may have\nbeen distributed, or who may have received them.\n","sortOrder":95},{"sectionNumber":"101","sectionType":"section","heading":"Every executor, &c., to be deemed resident in the Territory","content":"101 Every executor, &c., to be deemed resident in the Territory\n(1) Every executor or administrator:\n(a) named in any probate or letters of administration granted by\nany Court of competent jurisdiction in a relevant country and\nmaking application under the provisions of this Act for the\nsealing of the probate or administration; or\n(b) appointed under this Act,\nshall be deemed to be resident in the Territory.\n(2) Where not actually so resident, he or she shall, before the issue or\nsealing of any probate or administration, file with the Registrar an\naddress in the Territory at which notices and processes may be\nserved upon him or her and all services at that registered address\nshall be deemed personal service.\n\nAdministration and Probate Act 1969 46\n","sortOrder":96},{"sectionNumber":"Div 7","sectionType":"division","heading":"Commission","content":"Division 7 Commission\n","sortOrder":97},{"sectionNumber":"102","sectionType":"section","heading":"Executors, &c., may be allowed commission","content":"102 Executors, &c., may be allowed commission\n(1) It shall be lawful for the Court to allow out of the assets of a\ndeceased person to his or her executor, administrator or trustee for\nthe time being, in passing his or her accounts, such commission or\npercentage, not exceeding 5% for his or her pains and trouble as is\njust and reasonable.\n(2) No such allowance shall be made to an executor, administrator or\ntrustee who neglects or omits, without a special order of the Court,\nto pass his or her accounts in accordance with section 89.\n","sortOrder":98},{"sectionNumber":"Div 8","sectionType":"division","heading":"Additional powers etc. of professional personal","content":"Division 8 Additional powers etc. of professional personal\n","sortOrder":99},{"sectionNumber":"103","sectionType":"section","heading":"Inquiries as to validity of claim","content":"103 Inquiries as to validity of claim\n(1) If, in the administration of an estate by a professional personal\nrepresentative, a person claims against the estate (whether as a\ncreditor or beneficiary) and the professional personal representative\nis in doubt as to the validity of the claim, the professional personal\nrepresentative:\n(a) may institute the inquiries that the representative thinks proper\nregarding the claim; and\n(b) may, by a summons, require the claimant or any other person\nto appear and answer all the questions that may be put to the\nclaimant or other person with reference to the claim before:\n(i) if the value of the claim does not exceed the small\nclaims limit, as defined in section 5(1) of the Small\nClaims Act 2016 on the date the claim is made –\nNTCAT; or\n(ii) otherwise – a Judge.\n(2) The professional personal representative must pay or tender to a\nperson summonsed under this section to appear before:\n(a) NTCAT – the same amount as the person would be entitled to\nif the person had been summonsed as a witness to NTCAT; or\n(b) a Judge – the same amount as the person would be entitled to\nif the person had been summonsed as a witness to the Court.\n\nAdministration and Probate Act 1969 47\n(3) If a claimant served with a summons under this section:\n(a) fails to attend before NTCAT or the Judge at the time and\nplace specified in the summons or at an adjournment of the\nhearing in respect of the summons; or\n(b) refuses or fails to truly answer a question put to the claimant\nby or on behalf of the professional personal representative,\nNTCAT or the Judge may direct that the professional personal\nrepresentative may reject the claim.\n(4) For proceedings under this section, NTCAT must be constituted by\none or more of the following:\n(a) the President of NTCAT;\n(b) a Deputy President of NTCAT;\n(c) an ordinary member appointed with reference to\nsection 16(2)(a) of the Northern Territory Civil and\nAdministrative Tribunal Act 2014.\n","sortOrder":100},{"sectionNumber":"104","sectionType":"section","heading":"Rejection of small claim","content":"104 Rejection of small claim\n(1) If in the administration of an estate by a professional personal\nrepresentative:\n(a) a person claims against the estate a sum of money not\nexceeding, or personal property with a value (as estimated by\nthe professional personal representative) not exceeding, the\nprescribed amount or the professional personal representative\nhas reason to believe a person may make such a claim; and\n(b) the professional personal representative refuses to admit or\nintends to reject the claim,\nthe professional personal representative may serve on the person a\nnotice requiring the person to commence legal proceedings within\n3 months after the date of service to establish or enforce the claim\nand to prosecute the proceedings with all due diligence.\n(2) If the person on whom a notice is served under this section fails to\ncommence proceedings within 3 months after the date of service:\n(a) the claim is barred and the person is not entitled to enforce the\nclaim by proceedings in any court or tribunal; and\n(b) the professional personal representative may administer and\ndistribute the estate disregarding the claim.\n\nAdministration and Probate Act 1969 48\n(3) If no amount is prescribed by regulation for the purposes of\nsubsection (1)(a), the prescribed amount is 1 500 monetary units.\n(4) For proceedings under this section, NTCAT must be constituted by\none or more of the following:\n(a) the President of NTCAT;\n(b) a Deputy President of NTCAT;\n(c) an ordinary member appointed with reference to\nsection 16(2)(a) of the Northern Territory Civil and\nAdministrative Tribunal Act 2014.\n","sortOrder":101},{"sectionNumber":"105","sectionType":"section","heading":"Requirement for life tenant to give undertaking","content":"105 Requirement for life tenant to give undertaking\n(1) If:\n(a) a person is in occupation of or has the use or enjoyment of\nland as a legal or equitable tenant for life; and\n(b) that land is the subject of an estate being administered by a\nprofessional personal representative,\nthe professional personal representative may require the person to\ngive an undertaking, with the security that the professional personal\nrepresentative may require, to keep the property in repair and to\npay the rates and taxes, insurance premiums, assessments, rents,\nimpositions and other outgoings that the person is legally required\nto pay.\n(2) If a life tenant fails to comply with an undertaking given in\npursuance of subsection (1), the professional personal\nrepresentative may serve on the life tenant a notice requiring the\nlife tenant to remedy the default or give up possession of the land\nwithin the time specified in the notice.\n(3) The time specified in a notice served under subsection (2) is to be\nnot less than one month after the date of service.\n(4) If a life tenant fails to comply with a notice served under\nsubsection (2), the legal or equitable life tenancy is terminated and\nthe professional personal representative may claim possession of\nthe property as if the life tenant were a trespasser.\n\nAdministration and Probate Act 1969 49\n","sortOrder":102},{"sectionNumber":"105A","sectionType":"section","heading":"Obtaining information about deceased person's property etc.","content":"105A Obtaining information about deceased person's property etc.\n(1) A professional personal representative who is administering the\nestate of a deceased person may serve on a person:\n(a) who is in possession of any property of the deceased person;\n(b) who was a debtor, creditor or partner of the deceased person;\n(c) who was a joint venturer with the deceased person; or\n(d) in whom the deceased person had invested by way of shares,\nstock or debenture,\na notice requesting the person to provide the professional personal\nrepresentative with written information about any of the following\nmatters:\n(e) the deceased person's relationship with the person;\n(f) the deceased person's interest in property of which the person\nis aware;\n(g) the extent, nature and situation of any of the deceased\nperson's property, money, shares or debts of which the person\nis aware.\n(2) A notice under this section is to state the period, of not less than\n14 days after the date of service, within which the person to whom\nthe notice is directed must provide the information requested.\n(3) The person to whom a notice under this section is directed must\nprovide the professional personal representative with the\ninformation requested within the period specified in the notice.\nMaximum penalty: If the offender is a natural person –\n20 penalty units.\nIf the offender is a body corporate –\n100 penalty units.\n\nAdministration and Probate Act 1969 50\n","sortOrder":103},{"sectionNumber":"106","sectionType":"section","heading":"Application to Registrar","content":"106 Application to Registrar\nIn all cases where a person dies leaving property not exceeding the\nprescribed amount in value, application for representation may be\nmade direct to the Registrar.\n","sortOrder":104},{"sectionNumber":"107","sectionType":"section","heading":"Duties of Registrar","content":"107 Duties of Registrar\n(1) The Registrar shall, upon being satisfied as to:\n(a) the identity of the applicant; and\n(b) the right of the applicant to administer the estate of the\ndeceased person; and\n(c) the value of the estate,\nfurnish him or her with all necessary information for the purpose of\nenabling him or her to fill up advertisements, affidavits and\ndocuments necessary for obtaining representation.\n(2) The Registrar may:\n(a) administer an oath to the applicant and every deponent; and\n(b) attest the execution of the administration bond.\n(3) The Registrar shall receive payment, in connection with the\napplication, of all proper fees fixed by the Rules of Court.\n","sortOrder":105},{"sectionNumber":"108","sectionType":"section","heading":"Registrar to issue probate or administration in the name of the","content":"108 Registrar to issue probate or administration in the name of the\nCourt\n(1) The Registrar shall, upon being satisfied:\n(a) with the sufficiency of the evidence in support of the\napplication;\n(b) that the estate does not exceed the prescribed amount in\nvalue;\n(c) that no caveat has been entered against the application; and\n(d) that no will has been deposited with the Public Trustee,\n\nAdministration and Probate Act 1969 51\ncause probate or letters of administration (as the case may be) to\nbe issued and delivered to the applicant on demand.\n(2) Probate or administration under this section shall be issued in the\nname and under the seal of the Court.\n","sortOrder":106},{"sectionNumber":"109","sectionType":"section","heading":"Matters as to which Registrar not satisfied","content":"109 Matters as to which Registrar not satisfied\nIn any case where the Registrar is not satisfied as to the matters\nmentioned in section 108, he or she shall state, to the applicant, the\nmatters in respect of which he or she is not satisfied.\n","sortOrder":107},{"sectionNumber":"110","sectionType":"section","heading":"Obligation of Registrar","content":"110 Obligation of Registrar\nIn no case shall the Registrar be under any obligation by reason of\nthis Part to deal with any application which he or she may think\nproper to be dealt with by the Court, or to be placed in the hands of\na legal practitioner.\nDivision 2 Representation by professional personal\n","sortOrder":108},{"sectionNumber":"110A","sectionType":"section","heading":"Administration of small estate without representation or","content":"110A Administration of small estate without representation or\nelection\n(1) A professional personal representative need not apply for\nrepresentation of the estate of a deceased person but may instead\nadminister the estate under this section if:\n(a) the professional personal representative estimates that the net\nvalue of the property in the Territory does not exceed the\nprescribed amount; and\n(b) no application has been made for a grant of representation of\n(2) A professional personal representative is entitled to administer an\nestate under this section only after the representative has given\npublic notice of the representative's intention to do so.\n(3) The notice given under subsection (2) is to be by advertisement in a\nnewspaper published in the Territory and is to contain the\nprescribed information.\n(4) A professional personal representative who administers an estate\nunder this section is:\n(a) if the deceased person died testate – taken to be the executor\nof the will or the holder of letters of administration with the will\nannexed; or\n\nAdministration and Probate Act 1969 52\n(b) if the deceased person died intestate – taken to be the holder\nof letters of administration of the estate of that person,\nas if a grant of representation had been made to the professional\npersonal representative.\n(5) If after giving notice under subsection (2) the professional personal\nrepresentative discovers that the net value of the property in the\nTerritory exceeds the amount referred to in subsection (1)(a) but\nthe net value of the property in the Territory does not exceed the\namount referred to in section 110B(1)(a), the representative:\n(a) must file in the Court a memorandum stating the value of the\n(b) may continue to administer the estate under this section.\n(6) If after giving notice under subsection (2) the professional personal\nrepresentative discovers that the net value of the property in the\nTerritory exceeds the amount referred to in section 110B(1)(a), the\nrepresentative must:\n(b) apply for a grant of representation.\n(7) If a professional personal representative who is administering or\nhas administered an estate in pursuance of this section is in\npossession or comes into possession of a will of the deceased\nperson, the representative must deposit it with the Registrar, unless\nexempted under the Rules.\n(8) If no amount is prescribed by regulation for the purposes of\nsubsection (1)(a), the prescribed amount is 30 000 monetary units.\n","sortOrder":109},{"sectionNumber":"110B","sectionType":"section","heading":"Election to administer small estate","content":"110B Election to administer small estate\n(1) A professional personal representative need not apply for\nrepresentation of the estate of a deceased person but may instead\nfile in the Court an election to administer the estate if:\n(a) the professional personal representative estimates that the net\nvalue of the property in the Territory at the time of filing the\nelection does not exceed the prescribed amount; and\n(b) no other person in the Territory has been granted\nrepresentation of the estate.\n\nAdministration and Probate Act 1969 53\n(2) An election is to be in writing, setting out the following matters:\n(a) the name, address, occupation and date of death of the\ndeceased person;\n(b) details of the property of the deceased person;\n(c) whether the deceased person died testate or intestate;\n(d) if the deceased person died testate – a statement that after\nmaking proper inquiries the professional personal\nrepresentative believes that the document annexed to the\nelection is the testator's last will or an exemplification of the\nlast will and that the will has been executed in accordance\nwith the law governing the execution of that will.\n(3) On the filing of an election, the professional personal representative\nis:\n(a) if the deceased person died testate – taken to be the executor\nof the will or the holder of letters of administration with the will\nannexed; or\n(b) if the deceased person died intestate – taken to be the holder\nof letters of administration of the estate of that person,\nas if a grant of representation had been made to the professional\npersonal representative.\n(4) A professional personal representative who files an election must\ncomply with any advertising requirements that are prescribed or\nthat are specified in the Supreme Court Rules 1987.\n(5) If after filing an election the professional personal representative\ndiscovers that the net value of the property in the Territory exceeds\nthe amount referred to in subsection (1)(a), he or she must:\n(b) apply for a grant of representation.\n(6) If no amount is prescribed by regulation for the purposes of\nsubsection (1)(a), the prescribed amount is 130 000 monetary units.\n\nAdministration and Probate Act 1969 54\n","sortOrder":110},{"sectionNumber":"110C","sectionType":"section","heading":"Election in respect of part administered estate","content":"110C Election in respect of part administered estate\n(1) A professional personal representative need not apply for letters of\nadministration de bonis non but may instead file in the Court an\nelection to administer the unadministered part of the estate of a\ndeceased person if:\n(a) representation of the estate has been granted in the Territory\nand the person last granted representation has, because of\nhis or her death or other incapacity, left part of the estate\nunadministered;\n(b) the professional personal representative estimates that the net\nvalue of the property in the Territory left unadministered at the\ntime of filing the election does not exceed the prescribed\namount; and\n(c) no other person in the Territory has been granted letters of\nadministration de bonis non since the death or incapacity of\nthe last administrator.\n(2) An election is to be in writing, setting out details of the following\nmatters:\n(a) the last grant of representation;\n(b) the death or other incapacity of the last administrator;\n(c) the property in the Territory left unadministered.\n(3) On the filing of an election, the professional personal representative\nis taken to be the administrator of the part of the estate left\nunadministered as if he or she had been granted letters of\nadministration de bonis non.\n(4) If after filing an election the professional personal representative\ndiscovers that the value of the property to be administered exceeds\nthe amount referred to in subsection (1)(b), he or she must:\n(b) apply for a grant of administration de bonis non.\n(5) A statement in an election giving details of the death or other\nincapacity of the last administrator is, in the absence of evidence to\nthe contrary, to be accepted by all courts, employees and persons,\nwhether acting under an Act or not, as sufficient evidence of that\nfact without further proof.\n\nAdministration and Probate Act 1969 55\n(6) If no amount is prescribed by regulation for the purposes of\nsubsection (1)(b), the prescribed amount is 130 000 monetary units.\n","sortOrder":111},{"sectionNumber":"111","sectionType":"section","heading":"Reseal of grant made in certain countries","content":"111 Reseal of grant made in certain countries\n(1) This section applies if a court of competent jurisdiction in a relevant\ncountry has, whether before or after the commencement of this Act,\ngranted probate of a will, administration of an estate or an order to\ncollect and administer an estate.\n(2) The following persons may, after producing the probate,\nadministration or order referred to in subsection (1) to the Registrar\nand depositing a copy of it with the Registrar, apply to the Court to\nhave it sealed with the seal of the Court, and the Court may seal it\naccordingly:\n(a) for probate of a will:\n(i) the executor to whom the probate was granted; or\n(ii) a person authorised by that executor, under a power of\nattorney, to make the application; or\n(iii) the executor, by representation, of the will;\n(b) for administration of an estate:\n(i) the administrator to whom the administration was\ngranted; or\n(ii) the person authorised by that administrator, under a\npower of attorney, to make the application;\n(c) for an order to collect and administer an estate – a Public\nTrustee in the relevant country to whom the order was\ngranted.\n(3) The Rules may exempt a person from producing the probate,\nadministration or order to the Registrar or depositing a copy of it\nwith the Registrar.\n(4) If an application is made under subsection (2) the Registrar may\nseal the probate, administration or order in the name and under the\nseal of the Court and if the Registrar does so the probate,\nadministration or order is taken to have been sealed by the Court.\n\nAdministration and Probate Act 1969 56\n(5) However, the Registrar must not seal the probate, administration or\norder without an order of the Court if:\n(a) a caveat has been lodged; or\n(b) it appears to the Registrar to be doubtful whether the probate,\nadministration or order should be sealed.\n(6) If a probate or administration is sealed under subsection (2) or (4):\n(a) the probate or administration has the same force, effect and\noperation as if it had been originally granted by the Court; and\n(b) the applicant under subsection (2) must perform the same\nduties and be subject to the same liabilities as if the probate or\nadministration had been originally granted by the Court and\nthe applicant was the person to whom the probate or\nadministration had been granted.\n(7) If an order to collect and administer an estate is sealed under\nsubsection (2) or (4), the applicant has the same duties and is\nsubject to the same liabilities as if the applicant was the Public\nTrustee under the Public Trustee Act 1979.\n(8) The Court, may, before or after a probate, administration or order to\ncollect and administer an estate is sealed under subsection (2)\nor (4), require the applicant to give security for the proper\nadministration of the estate to which it relates.\n(9) In this section, a reference to an order to collect and administer an\nestate includes a reference to an exemplification of the order.\n","sortOrder":112},{"sectionNumber":"112","sectionType":"section","heading":"Caveat","content":"112 Caveat\nAny person may lodge with the Registrar a caveat against the\nsealing of any such probate or administration, and any such caveat\nshall have the same effect, and shall be dealt with in the same\nmanner, as if it were a caveat against the granting of probate or\nadministration.\n","sortOrder":113},{"sectionNumber":"113","sectionType":"section","heading":"Seal not to be affixed till duty is paid, &c.","content":"113 Seal not to be affixed till duty is paid, &c.\n(1) The seal of the Court shall not be fixed to any such probate or\nadministration until all such succession duties and other duties and\nfees but not including estate duty have been paid as would have\nbeen payable if the probate or administration had been originally\ngranted by the Court.\n\nAdministration and Probate Act 1969 57\n(2) The administration shall not be so sealed until such bond has been\nentered into as would have been required if the administration had\nbeen originally granted by the Court.\n(3) The seal of the Court shall not be affixed to any such probate or\nadministration except upon an affidavit that notices of the intention\nto apply in that behalf have been published, once in a newspaper\nprinted and published in Darwin and once in a newspaper printed\nand published in Alice Springs at least 14 days before the making\nof the affidavit, and that no caveat has been lodged in respect\nthereof.\n","sortOrder":114},{"sectionNumber":"114","sectionType":"section","heading":"Inclusion of orders to collect and scotch confirmation","content":"114 Inclusion of orders to collect and scotch confirmation\nA reference in this Part to probate or administration shall be read as\nincluding a reference to:\n(a) an order to a curator or other person to collect and administer\nan estate; and\n(b) a confirmation of the executor or another person granted in a\nSheriff Court in Scotland.\n","sortOrder":115},{"sectionNumber":"147","sectionType":"section","heading":"Order to produce an instrument purporting to be testamentary","content":"147 Order to produce an instrument purporting to be testamentary\n(1) The Court may, whether any proceeding is or is not pending in the\nCourt with respect to any probate or administration, order any\nperson to produce and bring into the office of the Registrar any\npaper or writing, being or purporting to be testamentary, or\notherwise material to the matter before the Court, which is shown to\nbe in the possession or under the control of that person.\n(2) If it is not shown that any such paper or writing is in the possession\nor under the control of that person, but it appears that there are\nreasonable grounds for believing that he or she has the knowledge\nof any such paper or writing, the Court may direct him or her to\nattend for the purpose of being examined in open court or upon\ninterrogatories respecting the paper or writing.\n(3) Any such person directed so to attend shall be bound to answer\nsuch questions or interrogatories, and (if so ordered) to produce\nand bring in the paper or writing, and shall be subject to the like\nprocess of contempt in case of default in not attending or in not\nanswering those questions or interrogatories, or not bringing in that\npaper or writing, as he or she would have been subject to in case\nhe or she had been a party to a suit in the Court and had made that\ndefault.\n\nAdministration and Probate Act 1969 58\n","sortOrder":116},{"sectionNumber":"148","sectionType":"section","heading":"Registrar to keep record of probates, &c.","content":"148 Registrar to keep record of probates, &c.\n(1) The Registrar shall cause entries to be made in a book to be kept\nfor that purpose of:\n(a) all grants of probate and administration; and\n(b) all elections and orders to collect; and\n(c) the filing, passing and allowance of the accounts required to\nbe filed or to be filed and passed under section 89; and\n(d) any special order extending the time for passing those\naccounts.\n(2) The book referred to in subsection (1) shall set forth:\n(a) the dates of the grants, elections and orders; and\n(b) the names of the testators or intestates; and\n(c) the place and time of death; and\n(d) the names and description of the executors or administrators;\nand\n(e) the value, verified on oath, of the estates; and\n(f) the dates of the filing, passing and allowance of, and special\norders with reference to, the accounts.\n","sortOrder":117},{"sectionNumber":"149","sectionType":"section","heading":"Proved wills and other documents to be held by Registrar","content":"149 Proved wills and other documents to be held by Registrar\nSubject to the Rules, an original will that is brought into the Court,\nprobate of which is granted under this Act or a copy of which is\nannexed to the administration granted under this Act and any other\ndocuments as the Court directs, may be deposited and preserved\nat the office of the Registrar and may be inspected there.\n","sortOrder":118},{"sectionNumber":"150","sectionType":"section","heading":"Office copies","content":"150 Office copies\n(1) A person may, on payment of the fee (if any) payable to the\nRegistrar under this Act, obtain from the Registrar:\n(a) a certificate or exemplification of a grant of probate or\nadministration; or\n\nPart IX Transitional matters for Justice Portfolio (Miscellaneous Amendments) Act\nAdministration and Probate Act 1969 59\n(b) a copy of:\n(i) the whole or a part of a will; or\n(ii) such other document as the Court approves.\n(2) Notwithstanding subsection (1), the Registrar shall, at the request\nof a person who is a party to a matter under this Act, furnish to that\nperson, free of charge, one office copy of a will or other document\nto which the matter relates.\n","sortOrder":119},{"sectionNumber":"152","sectionType":"section","heading":"Person fraudulently disposing of will liable for damages","content":"152 Person fraudulently disposing of will liable for damages\nWhere a person suffers damage as a result of the stealing of a will\nor a part of a will, or as a result of the fraudulent destroying,\ncancelling, obliterating or concealing of a will or a part of a will, the\nperson may recover damages in respect of the damage by action in\na court of competent jurisdiction from the person who stole,\ndestroyed, cancelled, obliterated or concealed the will or part, as\nthe case may be.\n","sortOrder":120},{"sectionNumber":"152A","sectionType":"section","heading":"Regulations","content":"152A Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters required or permitted by this Act to be\nprescribed, or necessary or convenient to be prescribed for carrying\nout or giving effect to this Act, and in particular for prescribing:\n(a) the proportion of an estate to which a spouse or de facto\npartner is entitled;\n(b) the value of an intestate estate for the purpose of determining\nits distribution in accordance with Schedule 6;\n(c) the proportions payable to persons other than the spouse or\nde facto partner of an intestate who are entitled to share in the\nintestate estate; and\n(d) the fees payable in respect of any matter under this Act.\nPart IX Transitional matters for Justice Portfolio\n(Miscellaneous Amendments) Act 2005\n153 Section 104: rejection of claims in excess of prescribed\namount\nIf, on or after 1 July 2002 but before the day on which the\nAdministrator's assent to the Justice Portfolio (Miscellaneous\n\nPart X Transitional matters for Justice and Other Legislation Amendment Act 2021\nAdministration and Probate Act 1969 60\nAmendments) Act 2005 is declared, a professional personal\nrepresentative served a notice under section 104(1) in relation to a\nclaim in excess of the prescribed amount:\n(a) the validity of the notice is not affected because of the\namendment effected by section 4 of that Act; and\n(b) section 104 is taken to apply, and always to have applied, in\nrelation to the claim as if that amendment had not been\neffected.\nPart X Transitional matters for Justice and Other\nLegislation Amendment Act 2021\n","sortOrder":121},{"sectionNumber":"154","sectionType":"section","heading":"Application of section 103","content":"154 Application of section 103\n(1) Section 103, as amended by the Justice and Other Legislation\nAmendment Act 2021, applies only in relation to a claim made after\nthe commencement of section 4 of that Act (the commencement).\n(2) Section 103, as in force immediately before the commencement,\ncontinues to apply in relation to a claim made before the\ncommencement.\n\nAdministration and Probate Act 1969 61\nsection 57\nPART I\nOrder of Application of Assets where the Estate is 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 which 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, retained to meet pecuniary legacies.\n6. Assets specifically disposed of by will, rateably according to value.\nPART II\nRules as to Payment of Debts and Liabilities when the Estate is Insolvent\n1. The funeral, testamentary and administration expenses have priority.\n2. Subject to the last preceding rule, the same rules shall prevail and be\nobserved as to the respective rights of secured and unsecured\ncreditors and as to the valuation of annuities and future and contingent\nliabilities, respectively, and as to the priorities of debts and liabilities as\nare in force at the death of the deceased person under the law of\nbankruptcy with respect to the assets of persons adjudged bankrupt.\n3. In the application of those rules, the date of the death of the deceased\nperson shall be substituted for the date of the sequestration order.\n\nAdministration and Probate Act 1969 62\nsection 66\nPART I – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED\nBY A SPOUSE AND NOT BY ANY DE FACTO PARTNER\nItem Circumstances Manner in which the intestate\nestate of the intestate is to be\ndistributed\n1. Where the intestate is not\nsurvived by:\n(a) issue; or\n(b) a parent, a brother or\nsister or the issue of\na brother or sister.\nThe spouse is entitled to the whole\nof the intestate estate.\n2. Where the intestate is\nsurvived by issue.\n1. The spouse is entitled:\n(a) if the value of the intestate\nestate does not exceed the\nprescribed amount – to the\nwhole of the intestate estate;\nor\n(b) if the value of the intestate\nestate exceeds the\nprescribed amount – to be\npaid out of the intestate\nestate the prescribed sum\nand an additional sum equal\nto:\n(i) if one child or the\nissue of one child of\nthe intestate but no\nother issue of the\nintestate survives\nthe intestate –\none-half of the\nvalue of the\nbalance of the\nintestate estate; or\n(ii) if any other\ncase –\none-third of\n\nAdministration and Probate Act 1969 63\nthe value of\nthe balance of\nthe intestate\n2. The issue of the intestate\nare entitled to the balance (if\nany) of the intestate estate\nafter payment to the spouse\nof the sum or sums to which\nparagraph 1.\n3. Where the intestate is not\nsurvived by issue but is\nsurvived by a parent,\nbrother or sister or the issue\nof a brother or sister.\n1. the spouse is entitled:\n(a) if the value of the intestate\nestate does not exceed the\nprescribed amount – to the\nwhole of the intestate estate;\nor\n(b) if the value of the intestate\nestate exceeds the\nprescribed amount – to be\npaid out of the intestate\nestate the prescribed sum\nand an additional sum equal\nto one-half of the value of\nthe balance of the intestate\n2. If the intestate is survived by\none or both of his or her\nparents (whether or not the\nintestate is also survived by\na brother or sister or the\nissue of a brother or sister),\nthe surviving parent is\nentitled, or the parents are\nentitled in equal shares, as\nthe case may be, to the\nbalance (if any) of the\nintestate estate after\npayment to the spouse of\nthe sum or sums to which\nparagraph 1.\n\nAdministration and Probate Act 1969 64\n3. If the intestate is not\nsurvived by a parent, the\nbrothers and sisters of the\nintestate who survived the\nintestate, and the issue who\nsurvive the intestate of a\nbrother or sister of the\nintestate who died before the\nintestate, are entitled to the\nbalance (if any) of the\nintestate estate, after\npayment to the spouse of\nthe sum or sums to which\nparagraph 1 of this item in\nthe shares in which he, she\nor they would have been\nentitled to the intestate\nestate if the intestate had not\nbeen survived by his or her\nspouse.\nPART II – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED\nBY A DE FACTO PARTNER BUT NOT BY A SPOUSE\nWhere the intestate is survived by a de facto partner, but not by a\nspouse:\n(a) if the intestate is not survived by issue, item 1 or (as the case\nrequires) 3 in Part I shall apply as if references to the spouse\nof the intestate were references to the de facto partner; and\n(b) if the intestate is survived by issue, item 2 in Part I shall apply\nsimilarly where:\n(i) the issue are, or include, issue of the intestate and the\nde facto partner; or\n(ii) the de facto partner was the de facto partner of the\nintestate for a continuous period of not less than 2 years\nimmediately preceding the intestate's death,\nbut in any other case the issue shall be entitled to the whole of\nthe intestate estate.\n\nAdministration and Probate Act 1969 65\nPART III – MANNER OF DISTRIBUTION WHERE INTESTATE IS\nSURVIVED BY BOTH A SPOUSE AND A DE FACTO PARTNER\n1. Where the intestate is survived by both a spouse and a de facto\npartner, and:\n(a) the de facto partner was the de facto partner of the intestate\nfor a continuous period of not less than 2 years immediately\npreceding the intestate's death, and the intestate did not at\nany time during that period live with the person to whom he or\nshe was married; or\n(b) the intestate is also survived by issue of the intestate and the\nde facto partner,\nitems 1 to 3 (inclusive) in Part I shall apply as if references to the spouse of\nthe intestate were references to the de facto partner.\n2. Where the intestate is survived by both a spouse and a de facto\npartner and clause 1 does not apply, the intestate shall be treated as having\nbeen survived by the spouse and not by the de facto partner, and Part I shall\nhave effect accordingly.\nPART IV – MANNER OF DISTRIBUTION WHERE INTESTATE IS\nSURVIVED BY NEITHER A SPOUSE NOR A DE FACTO PARTNER\nItem Circumstances Manner in which the intestate\nestate of the intestate is to be\ndistributed\n1. Where the intestate is\nsurvived by issue.\nThe issue are entitled to the whole\nof the intestate estate.\n2. Where the intestate is not\nsurvived by issue but is\nsurvived by a parent or both\nparents.\nThe parent is entitled to the whole\nof the intestate estate or, if both\nparents survive the intestate, the\nparents are entitled to the whole of\nthe intestate estate in equal shares.\n3. Where the intestate is not\nsurvived by issue or by a\nparent but is survived by\nnext of kin.\nThe next of kin are entitled to the\nintestate estate in accordance with\nsection 69.\n4. Where the intestate is not\nsurvived by issue, by a\nparent or by next of kin.\nThe intestate estate shall be\ndeemed to be bona vacantia and\nthe Territory is entitled to it.\n\nAdministration and Probate Act 1969 66\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAdministration and Probate Ordinance 1969 (Act No. 38, 1969)\nAssent date 17 October 1969\nCommenced 8 February 1971 (Gaz No. 51, 23 December 1970, p 371)\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss\n3 and 4: 11 December 1973; s 5: 24 October 1974\nAdministration and Probate Ordinance 1974 (Act No. 22, 1974)\nAssent date 19 August 1974\nCommenced 19 August 1974\nAge of Majority Ordinance 1974 (Act No. 37, 1974)\nAssent date 23 September 1974\nCommenced 1 November 1974 (Gaz No. 42, 17 October 1974, p 475)\nTransfer of Powers (Further Provisions) Ordinance 1977 (Act No. 51, 1977)\nAssent date 9 December 1977\nCommenced 1 January 1978 (s 2)\n\nAdministration and Probate Act 1969 67\nTransfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978 (s 2)\nStatus of Children Act 1978 (Act No. 16, 1979)\nAssent date 26 January 1979\nCommenced 21 September 1979 (Gaz G38, 21 September 1979, p 1)\nAdministration and Probate Act 1979 (Act No. 38, 1979)\nAssent date 27 April 1979\nCommenced 3 December 1979 (Gaz S25, 28 November 1979, p 1)\nAdministration and Probate Act (No. 2) 1979 (Act No. 90, 1979)\nAssent date 10 August 1979\nCommenced 3 December 1979 (s 2, s 2 Public Trustee Act 1979 (Act\nNo. 84, 1979) and Gaz S25, 28 November 1979)\nStatute Law Revision Act 1980 (Act No. 6, 1981)\nAssent date 9 January 1981\nCommenced 9 January 1981\nStatute Law Revision Act 1981 (Act No. 29, 1981)\nAssent date 25 March 1981\nCommenced 25 March 1981\nStatute Law Revision Act (No. 3) 1981 (Act No. 91, 1981)\nAssent date 21 September 1981\nCommenced 21 September 1981\nAdministration and Probate Amendment Act 1983 (Act No. 24, 1983)\nAssent date 24 June 1983\nCommenced 28 October 1983 (Gaz G43, 28 October 1983, p 2)\nAdministration and Probate Amendment Act 1985 (Act No. 9, 1985)\nAssent date 1 April 1985\nCommenced 1 May 1985 (Gaz G17, 1 May 1985, p 8)\nAdministration and Probate Amendment Act 1988 (Act No. 17, 1988)\nAssent date 15 June 1988\nCommenced 15 June 1988\nAdministration and Probate Amendment Act 1989 (Act No. 55, 1989)\nAssent date 2 October 1989\nCommenced 2 October 1989\nStatute Law Revision Act 1989 (Act No. 60, 1989)\nAssent date 2 October 1989\nCommenced 2 October 1989\nStatute Law Revision Act 1990 (Act No. 33, 1990)\nAssent date 11 June 1990\nCommenced 11 June 1990\nReal Property (Consequential Amendments) Act 1991 (Act No. 33, 1991)\nAssent date 25 June 1991\nCommenced 1 October 1991 (Gaz S49, 1 October 1991)\n\nAdministration and Probate Act 1969 68\nStatute Law (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991)\nAssent date 16 December 1991\nCommenced 16 December 1991\nAdministration and Probate Amendment (De Facto Relationships) Act 1991 (Act No. 83,\n1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\nAdministration and Probate Amendment Act 1993 (Act No. 22, 1993)\nAssent date 24 June 1993\nCommenced 24 June 1993\nStatute Law Revision Act 1998 (Act No. 11, 1998)\nAssent date 30 March 1998\nCommenced 30 March 1998\nStatute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)\nAssent date 11 December 1998\nCommenced s 3: 1 April 1999 (Gaz S15, 1 April 1999)\nMental Health and Related Services (Consequential Amendments) Act 1999 (Act No. 11,\n1999)\nAssent date 25 March 1999\nCommenced 1 February 2000 (s 2, s 2 Mental Health and Related Services\nAct 1998 (Act No. 63, 1998) and Gaz G3, 26 January 2000,\np 2)\nStatute Law Revision Act 2000 (Act No. 19, 2000)\nAssent date 6 June 2000\nCommenced s 6: 4 December 1999; rem: 12 July 2000 (s 2 and Gaz G27,\n","sortOrder":122},{"sectionNumber":"12","sectionType":"section","heading":"July 2000, p 2)","content":"12 July 2000, p 2)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nUnit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15,\n2001)\nAssent date 28 June 2001\nCommenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act\nNo. 14, 2001) and Gaz G8, 27 February 2002, p 6)\nAdministration and Probate Amendment Act 2002 (Act No. 2, 2002)\nAssent date 28 March 2002\nCommenced 1 July 2002 (Gaz G25, 26 June 2002, p 2)\nStatute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)\nAssent date 7 November 2002\nCommenced 7 November 2002\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\n\nAdministration and Probate Act 1969 69\nJustice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005)\nAssent date 6 May 2005\nCommenced ss 3 and 4: 1 July 2002; s 5: 6 May 2005 (s 2(1) and (2))\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nAdvance Personal Planning Amendment Act 2016 (Act No. 13, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act\nNo. 15, 2016) and Gaz S74, 27 July 2016, p 1)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nCourts Legislation Amendment Act 2020 (Act No. 1, 2020)\nAssent date 9 March 2020\nCommenced 10 March 2020 (s 2)\nJustice and Other Legislation Amendment Act 2021 (Act No. 7, 2021)\nAssent date 13 April 2021\nCommenced 14 April 2021 (s 2)\nJustice and Licensing Legislation Amendment Act 2022 (Act No. 6, 2022)\nAssent date 14 April 2022\nCommenced pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022)\n\nAdministration and Probate Act 1969 70\n","sortOrder":123},{"sectionNumber":"3","sectionType":"section","heading":"SAVINGS AND TRANSITIONAL PROVISIONS","content":"3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 6 Transfer of Powers (Further Provisions) Ordinance 1977 (Act No. 51,\n1977)\ns 8 Transfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\ns 12 Administration and Probate Act (No. 2) 1979 (Act No. 90, 1979)\ns 6 Administration and Probate Amendment Act 1985 (Act No. 9, 1985)\ns 10 and sch 2 Administration and Probate Amendment Act 2002 (Act No. 2,\n2002)\ns 64 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004)\n","sortOrder":124},{"sectionNumber":"4","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to: ss 3, 4, 6, 9, 10, 12, 13,\n16, 18, 22, 23, 26, 30, 31, 34, 35, 41 – 44, 51, 53 – 56, 58, 61, 63, 66, 68, 69,\n70, 71, 73, 75, 77 – 81, 84, 89, 91, 92, 97 – 99, 101 – 104, 106, 108, 109,\n111, 113, 115, 118, 120 – 122, 124, 127, 130, 131, 135, 140, 143 – 145, 148,\n149 and Sixth sch.\n","sortOrder":125},{"sectionNumber":"5","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 6, 43, 72, 74, 84, 89, 110B,\n110D and 111.\n6 LIST OF AMENDMENTS\nlt amd No. 6, 1981, s. 4\nss 1 – 2 amd No. 6, 1981, s 4\ns 3 amd No. 22, 1974, s 3; No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2\ns 4 rep No. 38, 1979, s 4\ns 5 rep No. 22, 1974, s 4\ns 6 amd No. 38, 1979, s 5; No. 90, 1979, s 4; No. 6, 1981, ss 2 and 4; No. 29,\n1981, s 2; No. 91, 1981, s 2; No. 55, 1989, ss 3 and 14; No. 60, 1989, s 6;\nNo. 77, 1991, s 13; No. 83, 1991, s 4; No. 92, 1998, s 3; No. 11, 1999, s 4;\nNo. 2, 2002, s 4; No. 1, 2004, s 62; No. 7, 2007 s 16; No. 13, 2016, s 35\ns 7 rep No. 51, 1977, s 3\ns 8 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 6, 1981, s 4; No. 55, 1989, s 4\nss 9 – 10 amd No. 6, 1981, s 4\ns 11 amd No. 54, 1978, s 4\nrep No. 90, 1979, s 5\ns 12 rep No. 90, 1979, s 5\ns 13 amd No. 54, 1978, s 4\nrep No. 90, 1979, s 5\ns 16 amd No. 29, 1981, s 2; No. 2, 2002, s 9\ns 18 amd No. 55, 1989, s 5\ns 20 amd No. 2, 2002, s 9\n\nAdministration and Probate Act 1969 71\ns 21 amd No. 6, 1981, s 4\ns 22 amd No. 37, 1974, s 10; No. 55, 1989, s 14; No. 83, 1991, s 5; No. 2, 2002,\ns 9\ns 23 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 90, 1979, s 6\nsub No. 55, 1989, s 6\ns 24 rep No. 55, 1989, s 6\ns 25 amd No. 90, 1979, s 7\nrep No. 55, 1989, s 6\ns 26 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 55, 1989, s 14; No. 2, 2002, s 9\ns 28 amd No. 2, 2002, s 9\ns 30 amd No. 37, 1974, s 10; No. 2, 2002, s 9\ns 31 amd No. 55, 1989, s 14; No. 83, 1991, s 11\nss 32 – 33 amd No. 2, 2002, s 9\ns 34 amd No. 37, 1974, s 10; No. 55, 1989, s 7; No. 2, 2002, s 9\ns 35 amd No. 55, 1989, s 14; No. 2, 2002, s 9\ns 36 amd No. 2, 2002, s 9\ns 37 amd No. 55, 1989, s 14\nss 38 – 39 amd No. 2, 2002, s 9\ns 40 amd No. 55, 1989, s 14; No. 2, 2002, s 9\ns 41 amd No. 55, 1989, ss 8 and 14; No. 2, 2002, s 9\ns 42 amd No. 2, 2002, s 9\ns 43 amd No. 6, 1981, s 4; No. 45, 2000, s 11; No. 2, 2002, s 9\ndiv 2 hdg sub No. 55, 1989, s 9\ns 44 amd No. 22, 1974, s 5\nsub No. 55, 1989, s 9\nss 45 – 48 rep No. 55, 1989, s 9\ns 49 rep No. 55, 1989, s 9\nins No. 2, 2002, s 5\ns 50 amd No. 90, 1979, s 8\nrep No. 55, 1989, s 9\nins No. 2, 2002, s 5\ns 51 amd No. 90, 1979, s 9; No. 6, 1981, s 4\nsub No. 2, 2002, s 5\nss 52 – 54 amd No. 2, 2002, s 9\ns 55 amd No. 29, 1981, s 2; No. 2, 2002, s 9\ns 56 amd No. 6, 1981, s 4; No. 2, 2002, s 9\ns 57 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2; No. 2, 2002, s 9\ns 59 amd No. 2, 2002, s 9\ns 60 amd No. 55, 1989, s 14; No. 2, 2002, s 9\ns 60A ins No. 23, 2012, s 30\ns 61 amd No. 55, 1989, s 14; No. 2, 2002, s 9\ns 62 amd No. 38, 1979, s 6; No. 2, 2002, s 9\ns 63 amd No. 37, 1974, s 10; No. 2, 2002, s 9; No. 38, 2014, s 2\ns 64 amd No. 83, 1991, s 11; No. 2, 2002, s 9\ns 66 amd No. 29, 1981, s 2; No. 91, 1981, s 2; No. 83, 1991, s 11; No. 2, 2002, s 9\ns 67 amd No. 38, 1979, s 7\nsub No. 83, 1991, s 6\ns 67A ins No. 38, 1979, s 8\ns 68 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 2, 2002, s 9; No. 6, 2022, s 18\ns 69 amd No. 6, 1981, s 4; No. 2, 2002, s 9\ns 70 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2; No. 83, 1991, s 7;\nNo. 2, 2002, s 9\ndiv 4A hdg ins No. 38, 1979, s 9\ns 71 rep No. 16, 1979, s 19\nins No. 38, 1979, s 9\n\nAdministration and Probate Act 1969 72\ns 71A ins No. 38, 1979, s 9\ns 71B ins No. 38, 1979, s 9\namd No. 90, 1979, s 10; No. 2, 2002, s 9\ns 71C ins No. 38, 1979, s 9\namd No. 11, 1998, s 2\nss 71D – 71E ins No. 38, 1979, s 9\ns 71F ins No. 38, 1979, s 9\ndiv 5 hdg amd No. 83, 1991, s 11\ns 72 amd No. 38, 1979, s 10; No. 55, 1989, s 10; No. 15, 2001, s 3; No. 14, 2009,\ns 116; No. 10, 2018, s 6\ns 73 amd No. 55, 1989, s 14; No. 83, 1991, s 8; No. 2, 2002, s 9\nss 74 – 75 amd No. 55, 1989, s 14\nss 76 – 77 amd No. 55, 1989, s 14; No. 83, 1991, s 11\ns 78 amd No. 55, 1989, s 14; No. 83, 1991, s 11; No. 2, 2002, s 9\ns 79 amd No. 37, 1974, s 10; No. 55, 1989, s 14; No. 83, 1991, s 9; No. 2, 2002,\ns 9\ns 80 amd No. 6, 1981, s 4; No. 83, 1991, s 11; No. 2, 2002, s 9\ns 81 amd No. 6, 1981, s 4; No. 2, 2002, s 9; No. 59, 2002, s 5\ns 83 amd No. 6, 1981, s 4\ns 84 amd No. 6, 1981, s 4; No. 55, 1989, s 14; No. 33, 1991, s 7; No. 45, 2000,\ns 11; No. 2, 2002, s 9\ns 85 amd No. 55, 1989, s 14; No. 2, 2002, s 9\ns 86 rep No. 55, 1989, s 14\ns 87 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 2, 2002, s 9\ns 88 amd No. 55, 1989, ss 11 and 14\ns 89 amd No. 9, 1985, s 4; No. 55, 1989, s 14\nsub No. 22, 1993, s 2\ns 89A ins No. 9, 1985, s 5\namd No. 55, 1989, s 12\nrep No. 22, 1993, s 2\ns 91 amd No. 55, 1989, s 13; No. 2, 2002, s 9\ns 93 amd No. 55, 1989, s 14\ns 94 amd No. 2, 2002, s 9\ns 95 amd No. 6, 1981, s 4\ns 96 amd No. 38, 1979, s 11; No. 2, 2002, s 9\ns 97 amd No. 55, 1989, s 14; No. 2, 2002, s 9\ns 98 amd No. 2, 2002, s 9\ns 99 amd No. 29, 1981, s 2\ns 100 rep No. 55, 1989, s 14\ns 101 amd No. 22, 1974, s 6; No. 6, 1981, s 4; No. 55, 1989, s 14; No. 77, 1991,\ns 13; No. 92, 1998, s 3; No. 2, 2002, s 9\ndiv 7 hdg sub No. 33, 1990, s 2\ns 102 rep No. 55, 1989, s 14\nins No. 33, 1990, s 2\ndiv 8 hdg ins No. 2, 2002, s 6\ns 103 amd No. 6, 1981, s 4; No. 29, 1981, s 2\nrep No. 55, 1989, s 14\namd No. 7, 2021, s 4\ns 104 rep No. 33, 1990, s 2\namd No. 20, 2005, s 4; No. 7, 2021, s 5; No. 6, 2022, s 18\n\nAdministration and Probate Act 1969 73\ns 105 rep No. 33, 1990, s 2\ns 105A ins No. 2, 2002, s 6\namd No. 12, 2010, s 3\npt IV\ndiv 1 hdg ins No. 2, 2002, s 7\ns 106 amd No. 38, 1979, s 12; No. 17, 1988, s 2; No. 92, 1998, s 3\ns 107 amd No. 2, 2002, s 9; No. 40, 2010, s 118\ns 108 amd No. 6, 1981, s 4; No. 17, 1988, s 3; No. 55, 1989, s 14; No. 92, 1998, s 3\ns 109 amd No. 2, 2002, s 9\ns 110 amd No. 2, 2002, s 9; No. 7, 2007, s 16\npt IV\ndiv 2 hdg ins No. 2, 2002, s 8\ns 110A ins No. 2, 2002, s 8\namd No. 1, 2020, s 4; No. 6, 2022, s 18\nss 110B –\n110C ins No. 2, 2002, s 8\namd No. 6, 2022, s 18\ns 110D ins No. 2, 2002, s 8\nrep No. 7, 2021, s 6\ns 111 amd No. 6, 1981, s 4; No. 11, 1998, s 2; No. 92, 1998, s 3; No. 2, 2002, s 9\nsub No. 1, 2020, s 5\npt VI hdg rep No. 90, 1979, s 11\ns 115 amd No. 54, 1978, s 4\nss 116 – 117 rep No. 90, 1979, s 11\nss 118 – 120 amd No. 54, 1978, s 4\nss 121 – 127 rep No. 90, 1979, s 11\ns 128 amd No. 54, 1978, s 4\nss 129 – 142 rep No. 90, 1979, s 11\nss 143 – 145 amd No. 54, 1978, s 4\ns 146 rep No. 55, 1989, s 14\ns 147 amd No. 55, 1989, s 14; No. 2, 2002, s 9\ns 148 amd No. 22, 1993, s 3; No. 40, 2010, s 118\ns 149 amd No. 29, 1981, s 2; No. 55, 1989, s 14\nsub No. 1, 2020, s 6\ns 150 amd No. 22, 1974, s 7; No. 6, 1981, s 4; No. 29, 1981, s 2; No. 55, 1989, s 14\ns 151 amd No. 6, 1981, s 4\nrep No. 55, 1989, s 14\ns 152A ins No. 24, 1983, s 4\namd No. 83, 1991, s 11\npt IX hdg rep No. 24, 1984, s 5\nins No. 20, 2005, s 5\ns 153 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2\nrep No. 24, 1984, s 5\nins No. 20, 2005, s 5\npt X hdg ins No. 7, 2021, s 7\ns 154 ins No. 7, 2021, s 7\nsch 1 – 2 amd No. 29, 1981, s 2\nsch 3 sub No. 22, 1974, s 8\namd No. 29, 1981, s 2\nrep No. 24, 1983, s 6\nsch 4 amd No. 29, 1981, s 2; No. 19, 2000, s 9\n\nAdministration and Probate Act 1969 74\nsch 5 amd No. 29, 1981, s 2\nrep No. 92, 1998, s 3\nsch 6 amd No. 54, 1978, s 4; No. 29, 1981, s 2; No. 24, 1983, s 7; No. 83, 1991,\ns 10; No. 2, 2002, s 9; No. 38, 2014, s 2","sortOrder":126}],"analysis":{"summary":{"name":"Administration and Probate Act 1969","slug":"administration-and-probate-act-1969","title_id":"administration-and-probate-act-1969","version_id":29823,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Whole Act. Northern Territory Administration and Probate Act 1969 as in force at 1 July 2022. Multiple Parts covering preliminary provisions, grant of representation, estates, and related matters."},"complexity_factors":["Court-supervised probate and administration procedures with multiple grant types","Caveat system for protecting distributions against unknown claims","Interplay with intestacy rules, family provision, and public trustee provisions","Distinction between executor-based grants and administrator grants on intestacy"],"plain_english_summary":"The Administration and Probate Act 1969 (NT) is the Northern Territory statute governing the grant of probate and letters of administration for deceased persons' estates, and the administration of those estates. The Act gives the NT Supreme Court jurisdiction to grant probate of wills and administration of estates for persons who died leaving property in the Territory.\n\nThe Act establishes rules for who may be granted probate or administration, the process for obtaining a grant, and the powers and duties of executors and administrators. It covers: the court's jurisdiction over grants, who may receive letters of administration (including on intestacy), administration bonds required of non-executor administrators, revocation of grants, renunciation by executors, and special grants such as administration pending litigation.\n\nA key practical provision allows executors and administrators to distribute estates after providing caveats and notice: an administrator who distributes following the caveat procedure is protected from claims by unknown creditors or beneficiaries at the time of distribution.\n\nThe Act interacts with Territory intestacy law, the Public Trustee Act, and the Family Law Act (for family provision claims). It is the NT equivalent of similar administration and probate legislation in each State."},"kimi_summary":{"_metrics":{"completionTokens":908},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive probate and administration statute. While it has been substantially amended over time (notably the 2002 rewrite of small estates provisions and 2021 NTCAT integration), these changes modernise existing mechanisms rather than expanding into new substantive areas. The Aboriginal customary law provisions (added 1979) and de facto partner recognition (progressively expanded 1991-2004) were deliberate policy extensions within the core subject matter."},"complexity_factors":["Extensive cross-referencing between sections, Schedules 4 and 6, and other NT legislation (Public Trustee Act, Guardianship of Adults Act, etc.)","Multiple overlapping definitions of 'spouse' and 'de facto partner' with conditional tests (2-year cohabitation, separation from married partner, etc.)","Nested conditional logic in intestacy distribution rules — Schedule 6 has 4 Parts with cascading priority rules and multiple sub-conditions","Special Aboriginal customary law provisions (Division 4A) creating parallel distribution system with court discretion","Matrimonial home appropriation rules with timing restrictions, valuation requirements, and multiple exceptions","Professional personal representative powers with tiered thresholds ($1,500 / $30,000 / $130,000) and different procedural requirements","Presumption of death provisions with security undertakings, notice requirements, and caveat protections","Detailed accounting, bond, and commission rules with contempt of court consequences for non-compliance"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law governing what happens to someone's property when they die. It covers two main situations: when someone dies with a valid **will** (testate) and when they die without one (**intestate**).\n\n**Key things the law sets out:**\n\n- **Getting legal authority to deal with the estate:** The Supreme Court can grant **probate** (official approval of a will) or **letters of administration** (authority to manage an estate when there's no will). The Registrar can issue these for straightforward cases.\n\n- **Who can administer an estate:** Priority goes to spouses, de facto partners, then next of kin (children, parents, siblings, etc.). The Public Trustee (a government official) steps in if no one else is available or suitable.\n\n- **What happens if there's no will:** The law sets out a detailed formula for who gets what. Generally:\n  - Spouses and de facto partners get priority, including the right to keep the family home and personal belongings\n  - Children and their descendants come next\n  - Then parents, siblings, and more distant relatives\n  - If no relatives can be found, the estate goes to the Territory government (**bona vacantia** — Latin for \"ownerless goods\")\n\n- **Special rules for Aboriginal people:** If an Aboriginal person dies without a valid marriage under Australian law, their community's traditional customs can be considered for distributing their estate.\n\n- **Protections for surviving partners:** A spouse or de facto partner can elect to keep the family home (matrimonial home) instead of having it sold as part of the estate.\n\n- **Powers and duties of executors/administrators:** They must collect debts, pay funeral costs and taxes, keep proper accounts, and distribute what's left to the rightful beneficiaries. They can claim up to 5% commission for their work.\n\n- **Small estates:** Simplified procedures exist for estates under certain value thresholds (currently $30,000 or $130,000 depending on the process), allowing faster administration without full court grants.\n\n- **Foreign grants:** Wills and estate grants from other Australian states/territories or approved countries can be \"resealed\" (recognised) in the NT.\n\n**Why it matters:**\n\nThis law affects almost everyone who dies in the Northern Territory. It ensures property is transferred lawfully, protects the rights of family members (including de facto partners), provides special recognition for Aboriginal customary law, and gives clear rules for resolving disputes about who gets what when someone dies."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as reproduced includes numerous additions and expansions from the original 1969 Ordinance. The text shows inserted modern regimes and extended scope: an Aboriginal-intestacy division and distribution procedure (Div 4A, ss71–71F; inserted No. 38, 1979 s9), explicit recognition and rights for de facto partners and related amendments to matrimonial-home and distribution rules (see ss72, 66 and Schedule 6 amendments noted in the endnotes), creation of streamlined small-estate and professional-administration routes (Part IV, ss110A–110C; ins No. 2, 2002, s8), enhanced powers and procedures for professional personal representatives (Div 8, ss103–105A; ins No. 2, 2002, s6), and later evidentiary and administrative refinements (e.g. s60A evidentiary effect inserted No. 23, 2012, s30). These amendments broadened who may administer estates, introduced alternative distribution pathways (including customary distribution for Aboriginal intestates), and added administrative mechanisms (Registrar-issued grants, professional-administered small estates) not in the original text, thereby materially expanding procedural options and the range of actors regulated by the statute."},"complexity_factors":["Lengthy, detailed statutory text with multiple Parts, Divisions and Schedules (e.g. Part III, Schedule 4 and Schedule 6) creating many cross-references","Multiple special regimes layered onto the core probate framework: small estates (Part IV), professional representative powers (Div 8), Aboriginal intestacy (Div 4A), matrimonial-home rules (Div 5)","Significant Court and Registrar discretions across many provisions (s16, s17, ss26, 32, 82–83, 71E) that affect application and outcomes","Interaction with other legislation and external thresholds (references to Bankruptcy Act, Public Trustee Act, Land Title Act and regulation-prescribed monetary thresholds under s152A and Part IV)","Procedural technicalities and conditional paths (caveats s44, presumption-of-death regime s16, Registrar-issued grants s17, resealing foreign grants s111–114)","Multiple actors and roles (executors, administrators, Public Trustee, professional personal representatives, Registrar, creditors, claimants, courts, NTCAT) increasing coordination and compliance complexity","Varied forms of required evidence, filings and notices (affidavits, valuations s74, advertising s110A, accounts ss89–91) with sanctions for non-compliance","Discretionary monetary and security requirements (bonds s23, additional bond orders s26, Court-ordered security for resealed grants s111(8)) that vary case by case"],"plain_english_summary":"What this law does, in plain terms\n\n- Gives the Supreme Court of the Northern Territory the power to grant probate (proof of a will) and letters of administration (authority to administer an estate) for people who die leaving property in the Territory, and in some cases even if no property is left in the Territory (s14).\n\n- Sets out who can apply for and receive representation (executors and administrators), how the Registrar may issue grants as of course, and when the Court must decide (ss17, 18, 22). The Registrar may refuse to issue a grant if there is a caveat, if death is only presumed, or if it seems doubtful (s17(2)). Caveats may be lodged to block an application (s44).\n\n- Provides special rules when someone is treated as presumed dead (court-ordered probate on presumption of death). The Court can restrict distribution, require undertakings or security from recipients, and direct notices before any distribution (s16).\n\n- Determines how estates vest and are administered: property vests in the Public Trustee on death until another executor or administrator takes over (s49); the Public Trustee can act before a grant in limited ways (s50) but must give notice of intention to act (s51). The Act sets the order in which assets are applied to pay debts and expenses (s57 and Schedule 4).\n\n- Establishes the rules for distributing an intestate estate (where there is no valid will). It defines ‘‘intestate estate’’ and the categories of beneficiaries, and it prescribes detailed distribution rules by reference to Schedule 6 (s61, s66, Schedule 6). There are special provisions for Aboriginal intestates and for intestates survived by more than one spouse (Div 4A; s67A).\n\n- Gives surviving spouses or de facto partners rights in relation to the matrimonial home, including a one-year election period to have the deceased's interest appropriated towards their entitlement, valuation requirements, and limits on sale without the spouse/de facto partner’s consent (ss72–79, esp. ss73–77).\n\n- Sets out wide powers and duties of executors and administrators: powers to sell, mortgage or lease estate land for administration (s80); to appropriate assets to satisfy legacies or shares (s81); to postpone realization or continue the deceased's business on Court authority (ss82–83); to pass accounts and be removed or compelled to account (ss89–91, 41). Executors and administrators can be required to give bonds or sureties on grant (s23) and the Court can later require additional bond or remove them (s26).\n\n- Provides special procedural tools and protections: evidence effects of probate (s60A), indemnities for persons who make bona fide payments under a grant (s95), ability to follow assets that have been distributed (s99), and rules that treat all ordinary creditors equally in administration (s87).\n\n- Enables professional personal representatives (Public Trustee, licensed trustee companies, and legal practitioners) to exercise extra powers when administering estates (Div 8). They can summon claimants, reject small claims after notice, require undertakings from life tenants, and serve notices to obtain information about the deceased’s affairs (ss103–105A). The Act also provides streamlined routes for small estates (Part IV, ss106–110C) with prescribed-value thresholds and advertising/filing requirements (ss106–110B).\n\n- Recognises and reseals foreign grants of probate or administration from specified ‘‘relevant countries’’ subject to Registrar/Court controls and conditions, including payment of duties and possible security (ss111–114).\n\nWho this affects\n\n- Executors, administrators, potential administrators (spouses, de facto partners, next of kin) and beneficiaries (ss22, 66, Schedule 6).\n- The Public Trustee and other professional personal representatives (definition and Div 8; s49–51; s110A–110C).\n- Creditors and claimants against estates (ss55, 96–97).\n- Surviving spouses and de facto partners with rights in the matrimonial home (Div 5, ss72–79).\n- Aboriginal persons and persons claiming under traditional distribution plans (Div 4A, ss71–71F and s67A).\n- Third parties who deal with executors or administrators in good faith (s95).\n\nWhy it matters (mechanically and in practice)\n\n- Property and control on death: The Act establishes when and how property of a deceased person vests, who can legally deal with it, and the duties of those persons (ss49, 52, 54, 60A).\n\n- Decision-makers and discretion: The Court retains broad discretion on contentious matters (e.g., presumption-of-death grants s16, removal of administrators s41, special orders s82, distribution orders under Aboriginal customs s71E). The Registrar has limited administrative power to issue grants where the Court would (s17).\n\n- Costs and who pays: administrative fees, duties and the expenses of the Public Trustee or professional representatives are chargeable on the estate (s18; s50(4); s57). Executors or administrators may be ordered to give bonds or be required to pay additional security; anyone acting under a grant may be reimbursed for lawful payments (ss23, 26, 94–95).\n\n- Compliance burden and paperwork: the Act requires affidavits, notices, valuations (s74), public advertising for some professional-administration routes (s110A(2)–(3)), filing and passing of accounts (ss89–90), and (where applicable) bonds and undertakings (s23; s105). Failure to file accounts can lead to contempt and costs (s91).\n\n- Incentives and substitution effects: professional personal representatives may choose to administer small estates without seeking a Court grant (ss110A–110C), which lowers procedural formality but increases reliance on those professionals. The ability of executors/administrators to appropriate assets and sell land (ss80–81) affects how estate assets are realised and can change timing and form of distributions.\n\n- Protections and risks: the Act builds in protections for potential claimants (notice regimes, caveats, ability to require undertakings on presumption-of-death grants (s16), professional inquiry powers s103). At the same time, many provisions give the Court and Registrar discretion (s16, s17, ss26, 32, 82–83, 71E), which creates implementation risk tied to judicial and administrative choices.\n\nConcrete trade-offs and implementation issues (sections cited)\n\n- Speed vs. scrutiny: Registrar-issued grants can speed administration (s17), but the Registrar must refuse if caveats exist or death is only presumed (s17(2)).\n- Cost on estates vs. access: Bonds, duties and fees protect estate creditors and beneficiaries but reduce the estate value available for distribution (s18; s23; s26; s57).\n- Professionalisation vs. access to justice: Professional personal representatives can streamline small estate administration (ss110A–110C), reducing Court workload, but that may change market demand for private practitioners and centralise administration functions with the Public Trustee or trustee companies.\n- Cultural accommodation vs. statutory complexity: The Act creates a distinct pathway for distribution according to Aboriginal customary plans (Div 4A, ss71–71F), which requires courts to assess plans and may delay distribution while protective procedural steps happen (s71B–71F).\n\nSummary encapsulation\n\nThis Act is the Northern Territory’s central statute for proving wills, appointing estate administrators, governing the vesting and administration of deceased persons’ property, and distributing estates (testate and intestate). It allocates powers among the Court, the Registrar and professional personal representatives, prescribes procedural protections (caveats, notice regimes), sets out rights for spouses and de facto partners (including the matrimonial home), provides a small-estate, streamlined path for professional administrators, recognises certain foreign grants, and contains special provisions for Aboriginal intestacy. The estate bears administration costs and duties; the Court and Registrar exercise substantial procedural and substantive discretion; and professional representatives have extra investigatory and enforcement tools (e.g. ss103–105A)."}},"importantCases":[],"_links":{"self":"/api/acts/administration-and-probate-act-1969","history":"/api/acts/administration-and-probate-act-1969/history","analysis":"/api/acts/administration-and-probate-act-1969/analysis","conflicts":"/api/acts/administration-and-probate-act-1969/conflicts","importantCases":"/api/acts/administration-and-probate-act-1969/important-cases","documents":"/api/acts/administration-and-probate-act-1969/documents"}}