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Administration and Probate Act 1929
11Practice about granting administration of real and
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11 Practice about granting administration of real and
personal estate
Subject to this Act and the rules, the practice and procedure in relation
to the granting of administration of the personal estate of an intestate
are applicable so far as may be, to administration of real estate, and
administration of both real and personal estate may be granted in and
by the same letters.
12 Eligible administrators
(1) The Supreme Court may grant administration of an intestate estate to
any of the following persons, subject to this section:
(a) the partner of the intestate;
(b) 1 or more of the next of kin of the intestate;
(c) if the intestate is survived by 2 partners—either partner, or both
partners conjointly;
(d) a partner or partners of the intestate conjointly with 1 or more of
the next of kin of the intestate;
(e) any other person (whether or not a creditor of the intestate) the
court considers appropriate.
(2) The Supreme Court must only grant administration of an intestate
estate to a person who is at least 18 years old.
(3) The Supreme Court must not grant administration of an intestate
estate to a person mentioned in subsection (1) (e) if there is anyone
else to whom administration may be granted under this section who—
(a) in the court’s opinion, can be trusted with administration of the
estate; and
(b) applies to be granted administration of the estate.
(4) In this section:
partner, in relation to an intestate—see section 44.