Fifth Schedule — Rules as to payment of debts and liabilities of insolvent estates
[s. 10A]
[Heading amended: No. 19 of 2010 s. 6(3).]
Expenses having priority
Funeral, testamentary and administration expenses have priority.
[Clause 1 amended: No. 19 of 2010 s. 51.]
Demand for unliquidated damages
A demand, in respect of which proceedings are maintainable against an estate, shall be provable in the administration of the estate, notwithstanding that it is a demand in the nature of unliquidated damages arising otherwise than by a contract, promise or breach of trust.
[Clause 2 amended: No. 19 of 2010 s. 51.]
Rules of bankruptcy apply
Subject to these rules, the same rules shall prevail and be observed as to —
(a) the respective rights of secured and unsecured creditors; and
(b) debts and liabilities provable; and
(c) the valuation of annuities and future and contingent liabilities; and
(d) the priorities of debts and liabilities,
as are, at the time of the death of the deceased person, in force under the Commonwealth law of bankruptcy with respect to the assets of persons adjudged bankrupt.
[Clause 3 amended: No. 19 of 2010 s. 51.]
[Fifth Schedule inserted: No. 72 of 1984 s. 8; amended: No. 19 of 2010 s. 51.]
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Notes
This is a compilation of the Administration Act 1903 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Administration Act 1903
13 of 1903 (3 Edw. VII No. 13)
31 Dec 1903
1 Jan 1904 (see s. 1)
Administration Act Amendment Act 1909
29 of 1909 (9 Edw. VII No. 25)
Schedule Sch Fifth Schedule - Administration Act 1903 - Rules as to payment of debts and liabilities of insolvent estates | Zoe
20 Nov 1909
20 Nov 1909
Curator of Intestate Estates Act 1918 s. 2
9 of 1918 (8 Geo. V No. 23)
15 Apr 1918
1 Jul 1918 (see s. 1 and Gazette 7 Jun 1918 p. 813)
Administration Act Amendment Act 1921
13 of 1921 (12 Geo. V No. 13)
15 Nov 1921
15 Nov 1921
Administration Act Amendment Act 1922
29 of 1922 (13 Geo. V No. 11)
7 Dec 1922
7 Dec 1922
Administration Act (Estate and Succession Duties) Amendment Act 1934 s. 2 and Pt. III 3
28 of 1934 (25 Geo. V No. 27)
28 Dec 1934
1 Jan 1935 (see s. 1 and Gazette 28 Dec 1934 p. 1983)
Reprint of the Administration Act 1903 (includes amendments listed above)
Administration Act Amendment Act 1939
24 of 1939 (3 Geo. VI No. 24)
22 Nov 1939
22 Nov 1939
Public Trustee Act 1941 s. 3
26 of 1941 (5 Geo. VI No. 26)
8 Dec 1941
1 Jul 1942 (see s. 1(2) and Gazette 26 Jun 1942 p. 689)
Administration Act Amendment Act (No. 2) 1941
52 of 1941 (5 & 6 Geo. VI No. 52)
15 Jan 1942
15 Jan 1942
Administration Act Amendment Act 1941
55 of 1941 (5 & 6 Geo. VI No. 55)
15 Jan 1942
1 Jul 1942 (see s. 8)
Administration Act Amendment Act 1942
21 of 1942 (6 Geo. VI No. 21)
9 Dec 1942
9 Dec 1942
Reprint of the Administration Act 1903 approved in Volume 2 of Reprinted Acts (includes amendments listed above)
Administration Act Amendment Act 1945
39 of 1945 (9 & 10 Geo. VI No. 39)
30 Jan 1946
30 Jan 1946
Administration Act Amendment Act 1949
8 of 1949 (13 Geo. VI No. 94)
14 Sep 1949
14 Sep 1949
Administration Act Amendment Act 1950
55 of 1950 (14 & 15 Geo. VI No. 55)
18 Dec 1950
18 Dec 1950
Administration Act Amendment Act 1953
62 of 1953 (2 Eliz. II No. 62)
9 Jan 1954
9 Jan 1954
Administration Act Amendment Act (No. 2) 1953
81 of 1953 (2 Eliz. II No. 81)
18 Jan 1954
18 Jan 1954
Administration Act Amendment Act 1954
30 of 1954 (3 Eliz. II No. 30)
8 Nov 1954
8 Nov 1954
Reprint of the Administration Act 1903 approved 21 Jun 1955 in Volume 9 of Reprinted Acts (includes amendments listed above)
Administration Act Amendment Act 1955
62 of 1955 (4 Eliz. II No. 62)
19 Dec 1955
19 Dec 1955
Administration Act Amendment Act 1956
81 of 1956 (5 Eliz. II No. 81)
17 Jan 1957
1 Feb 1957 (see s. 2 and Gazette 1 Feb 1957 p. 161)
Reprint of the Administration Act 1903 approved 23 Apr 1958 in Volume 12 of Reprinted Acts (includes amendments listed above)
Administration Act Amendment Act 1959
56 of 1959 (8 Eliz. II No. 56)
25 Nov 1959
25 Nov 1959
Administration Act Amendment Act 1960
21 of 1960 (9 Eliz. II No. 21)
11 Oct 1960
25 Nov 1960 (see s. 2 and Gazette 25 Nov 1960 p. 3779)
Administration Act Amendment Act 1961
57 of 1961 (10 Eliz. II No. 57)
28 Nov 1961
28 Nov 1961
Administration Act Amendment Act 1962
80 of 1962 (11 Eliz. II No. 80)
6 Dec 1962
1 Jan 1963 (see s. 2)
Administration Act Amendment Act 1963
66 of 1963 (12 Eliz. II No. 66)
18 Dec 1963
18 Dec 1963
Administration Act Amendment Act 1964
57 of 1964 (13 Eliz. II No. 57)
30 Nov 1964
30 Nov 1964
Administration Act Amendment Act 1965
78 of 1965
7 Dec 1965
7 Dec 1965
Decimal Currency Act 1965
113 of 1965
21 Dec 1965
Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); s. 4-9: 14 Feb 1966 (see s. 2(2))
Administration Act Amendment Act 1966
68 of 1966
12 Dec 1966
12 Dec 1966
Rules (3rd Schedule) Revoked: Gazette 11 Sep 1967 p. 2249-64
11 Sep 1967
Reprint of the Administration Act 1903 approved 11 Sep 1967 in Volume 21 of Reprinted Acts (includes amendments listed above except Rules (3rd Schedule))
Administration Act Amendment Act 1969
2 of 1969
21 Apr 1969
21 Apr 1969
Acts Amendment (Commissioner of State Taxation) Act 1970 Pt. XII
21 of 1970
8 May 1970
1 Jul 1970 (see s. 2 and Gazette 26 Jun 1970 p. 1831)
Administration Act Amendment Act 1970 5
107 of 1970
8 Dec 1970
Act other than s. 3, 4 and 11: 8 Dec 1970 (see s. 2(1)); s. 3, 4 and 11: 1 Jan 1971 (see s. 2(1))
Reprint of the Administration Act 1903 approved 23 Jun 1971 (includes amendments listed above)
Administration Act Amendment Act 1971
18 of 1971
1 Dec 1971
21 Jan 1972 (see s. 2 and Gazette 21 Jan 1972 p. 71)
Administration Act Amendment Act (No. 2) 1971
40 of 1971
10 Dec 1971
10 Dec 1971
Age of Majority Act 1972 s. 6(2)
46 of 1972
18 Sep 1972
1 Nov 1972 (see s. 2 and Gazette 13 Oct 1972 p. 4069)
Inheritance (Family and Dependants Provision) Act 1972 s. 3(2)
57 of 1972
31 Oct 1972
1 Jan 1973 (see s. 2 and Gazette 17 Nov 1972 p. 4379)
Metric Conversion Act 1972
94 of 1972 (as amended by No. 19 of 1973 s. 4)
4 Dec 1972
Relevant amendments (see Second Sch. 6) took effect on 1 Jan 1974 (see s. 4(2) and Gazette 2 Nov 1973 p. 4108)
Death Duty Assessment Act 1973 s. 3 7
80 of 1973
21 Dec 1973
1 Jan 1974 (see s. 2 and Gazette 28 Dec 1973 p. 4725)
Reprint of the Administration Act 1903 approved 17 Aug 1975 (includes amendments listed above)
Administration Act Amendment Act 1976
138 of 1976
13 Dec 1976
Act other than s. 3‑16: 1 Mar 1977 (see s. 2(3)); s. 3, 4 and 16: 1 Mar 1977 (see s. 2(1) and Gazette 28 Jan 1977 p. 185‑6); s. 5-15: 1 Dec 1977 (see s. 2(2) and Gazette 11 Nov 1977 p. 4193)
Administration Act Amendment Act 1977
37 of 1977
7 Nov 1977
1 Dec 1977 (see s. 2 and Gazette 25 Nov 1977 p. 4345)
Acts Amendment (Master, Supreme Court) Act 1979 Pt. VIII
67 of 1979
21 Nov 1979
11 Feb 1980 (see s. 2 and Gazette 8 Feb 1980 p. 383)
Administration Act Amendment Act 1979
103 of 1979
17 Dec 1979
24 Apr 1980 (see s. 2 and Gazette 24 Apr 1980 p. 1179)
Administration Amendment Act 1980
14 of 1980
15 Oct 1980
12 Nov 1980 (see s. 2)
Reprint of the Administration Act 1903 approved 23 Dec 1980 (includes amendments listed above)
Administration Amendment Act 1982
48 of 1982
6 Sep 1982
1 Mar 1983 (see s. 2 and Gazette 25 Feb 1983 p. 637)
Administration Amendment Act 1984
57 of 1984
24 Oct 1984
21 Nov 1984
Acts Amendment (Insolvent Estates) Act 1984 Pt. II
72 of 1984
26 Nov 1984
24 Dec 1984
Artificial Conception Act 1985 s. 8
14 of 1985
12 Apr 1985
1 Jul 1985 (see s. 2 and Gazette 28 Jun 1985 p. 2291)
Reprint of the Administration Act 1903 as at 17 Jun 1986 (includes amendments listed above)
Administration Amendment Act 1986
21 of 1986
25 Jul 1986
s. 1 and 2: 25 Jul 1986; Act other than s. 1 and 2: 7 Nov 1986 (see s. 2 and Gazette 7 Nov 1986 p. 4140)
Transfer of Land Amendment Act 1996 s. 153(1)
81 of 1996
14 Nov 1996
14 Nov 1996 (see s. 2(1))
Trustees Amendment Act 1997 s. 18
1 of 1997
6 May 1997
16 Jun 1997 (see s. 2 and Gazette 10 Jun 1997 p. 2661)
Statutes (Repeals and Minor Amendments) Act 1997 s. 16
57 of 1997
15 Dec 1997
15 Dec 1997 (see s. 2(1))
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 59
26 of 1999
29 Jun 1999
1 Jul 1999 (see s. 2 and Gazette 30 Jun 1999 p. 2905)
Reprint of the Administration Act 1903 as at 1 Jul 1999 (includes amendments listed above)
Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 2
3 of 2002
17 Apr 2002
21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002 p. 4693)
Family Court Amendment Act 2002 s. 52
25 of 2002
25 Sep 2002
1 Dec 2002 (see s. 2 and Gazette 29 Nov 2002 p. 5651)
Courts Legislation Amendment and Repeal Act 2004 s. 141
59 of 2004
23 Nov 2004
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 s. 63
24 of 2005
2 Dec 2005
1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005 p. 6244)
Reprint 11: The Administration Act 1903 as at 14 Jul 2006 (includes amendments listed above)
Land Information Authority Act 2006 s. 120
60 of 2006
16 Nov 2006
1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369)
Standardisation of Formatting Act 2010 s. 6 and 51
19 of 2010
28 Jun 2010
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Inheritance (Family and Dependants Provision) Amendment Act 2011 s. 14
48 of 2011
25 Oct 2011
16 Jan 2013 (see s. 2(b) and Gazette 15 Jan 2013 p. 79)
Reprint 12: The Administration Act 1903 as at 15 Apr 2016 (includes amendments listed above)
Statutes (Minor Amendments) Act 2017 s. 3
6 of 2017
12 Sep 2017
13 Sep 2017 (see s. 2(b))
COVID-19 Response and Economic Recovery Omnibus Act 2020 s. 53
34 of 2020
11 Sep 2020
12 Sep 2020 (see s. 2(b))
Administration Amendment Act 2022
5 of 2022
29 Mar 2022
s. 1 and 2: 29 Mar 2022 (see s. 2(a)); Act other than s. 1 and 2: 30 Mar 2022 (see s. 2(b))
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA legislation website.
Short title
Number and year
Assent
Commencement
Assisted Reproductive Technology and Surrogacy Act 2025 Pt. 17 Div. 1
19 of 2025
18 Dec 2025
To be proclaimed (see s. 2(c))
Other notes
1 Repealed by section 2 of this Act.
2 Part IV (Curator of Intestate Estates) as originally enacted, was repealed by the Curator of Intestate Estates Act 1918 (No. 9 of 1918). The Curator of Intestate Estates continued under the Curator of Intestate Estates Act 1918 and, on 1 July 1942, became the Public Trustee (see the Public Trustee Act 1941 s. 3).
3 This Part was originally enacted as Part II of the Administration Act (Estate and Succession Duties) Amendment Act 1934 (No. 28 of 1934). It was inserted as Part VI in the 1934 reprint of this Act (see the Administration Act (Estate and Succession Duties) Amendment Act 1934 s. 77) and renumbered as Part V in the 1943 reprint.
The Administration Act (Estate and Succession Duties) Amendment Act 1934 s. 3 provides that —
This Act shall apply in the case of any person dying after its commencement, but the provisions of Part VI of the principal Act as hereby repealed shall apply to any person dying before the commencement of this Act.
4 This amount is now declared to be $50 000; see proclamation in Gazette 6 February 2009 p. 243.
5 The Administration Act Amendment Act 1970 s. 2(2) is a transitional provision that is of no further effect.
6 The Metric Conversion Act 1972 Second Schedule was inserted by the Metric Conversion Act Amendment Act 1973 s. 4.
7 The Death Duty Assessment Act 1973 s. 3(2), (3), (4) and (5) are transitional provisions that are of no further effect.
8 Under s. 14A of the Act, the Minister makes the following orders declaring, for each specified item, the sum that is to apply for that item.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
ADI 139(2)
administration 3
administrator 3
Court 3
deceased 17A(1)
declared sum 14(1A)
election period Fourth Sch. cl. 6(1)
exemplification of probate 3
household chattels 14(2)
insolvent 3
interest Fourth Sch. cl. 1(1)
intestate 14(1), 15(6)
intestate property 14(1), 15(6)
order 14(1A)
original sum 14A(1)
personal estate 3
prescribed 3
Principal Registrar 3
probate 3
Public Trustee 3
real estate 3
registrar 3
relevant property 14(2b) and (3a)
relevant sums 14B(1)
specified item 14(1A), 14A(1)
Table 14(1A)
will 3
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