12December 2023. It also includes any commencement, amendment, repeal or expiry affecting

12 December 2023. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2023. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). contents 1 Page 1 Name of Act 2 2 Dictionary 2 3 Notes 2 8C Supreme Court to make finding about domicile of deceased person 3 9 Probate or administration may be granted 3 9A Evidence of death 4 9B Grant on presumption of death 4 9C Evidentiary effect of probate and letters of administration 6 10B Grant to single executor reserving leave to others to apply 7 10C Grant of probate to public trustee and guardian etc 7 Page contents 2 Administration and Probate Act 1929 11 Practice about granting administration of real and personal estate 7 12 Eligible administrators 7 13 Rights and duties of administrator 8 20 Renunciation or non-appearance by executor 9 20A Renunciation etc by person appointed both executor and trustee of will 10 21 Administration to guardian of child sole executor 10 22 Administration under power of attorney 11 23 Administration pendente lite and receiver 11 24 Power to appoint administrator 11 25 Failure of executor to prove will 12 26 Issue of special letters of administration 12 27 Special administrator to make certain affidavits 13 28 On return of original executor or administrator special administration to be revoked 13 29 Accounting by special administrator 13 30 Liability of executor or administrator neglecting to apply for revocation of special administration 14 31 Revocation of grants not to prejudice actions or suits 14 32 Discharge or removal of executors and administrators 14 32A Revocation of grant if person living at date of grant 16 32B Effect of revocation of grant 17 38A Estate to vest in public trustee and guardian until grant 18 39 Real and personal estate to vest in executor or administrator 19 40 Real estate held in trust 19 41 Property of deceased to be assets 20 41A Property of deceased liable for debts 20 41B Appointments by will under general power 21 41C Administration of assets 21 41D Application of income of settled residuary estate 21 42 Real estate to be held on trusts of will 23 43 Rights of executor in relation to real estate 23 43A Executor of executor 24 43B When ceases to represent deceased 25 Page contents 3 43C Rights and liabilities of executor of executor 25 44 Interpretation for pt 3A 26 44A Whole blood or half-blood relationships 27 45 Executor or administrator to hold property of intestate on trust for persons entitled 27 45A Distribution between spouse, civil union partner or civil partner and eligible partner 28 46 Entitlement of children 28 48 Estate by courtesy or right of dower not to arise 28 49 Distribution of intestate estate 29 49A Interest of partner on intestacy in personal chattels 30 49AA Immovable property if intestate domiciled elsewhere 30 49B How distribution to issue is made 31 49BA Gifts made before death of intestate 32 49C How distribution to next of kin is made 34 49CA How distribution to the Territory is made 35 49D Partial intestacies 36 49DA Effect of disclaimer or forfeiture 37 49E Presumptions of parentage 37 49F Definitions for div 3A.3 38 49G Claim by partner to dwelling house 38 49H Valuation 39 49J Right not exercisable for certain tenancies 40 49K Right not exercisable in certain other cases 40 49L Personal representative not to sell or dispose of interest without consent 41 49M Rule that trustee not to purchase trust property 41 49N If surviving partner is under legal disability 42 Page contents 4 Administration and Probate Act 1929 Part 3B Simultaneous deaths 49P Simultaneous deaths—devolution of property generally 43 49Q Simultaneous deaths—devolution of jointly owned property 43 50 Powers of executors and administrators to sell, mortgage or lease real estate 44 51 Supreme Court may make special order 45 51A Supreme Court may authorise postponement of realisation and carrying on of business 46 52 Supreme Court may order partition in summary way 46 53 Personal representative not required to continue to act against own consent 47 54 In suits executor or administrator to represent real estate 48 55 All debts to stand in equal degree 48 55A Interest on legacies 48 56 Executor may sign acknowledgment instead of conveyance 49 57 Summary application for legacy etc 49 58 Examination and passing of accounts etc 50 61 Supreme Court may make order about disposal of money in hands of executor etc 51 62 Payments under revoked probates or administrations valid 51 63 Persons etc making payments on probate granted for estate of deceased person to be indemnified 51 64 Notice before distribution of assets 52 65 Claims barred against executor or administrator in certain cases 53 66 Distribution of estate by executors and administrators 53 67 Right to follow assets 54 68 Executors may compound etc 54 69 Every executor etc taken to be resident in ACT 55 70 Executors etc may be allowed commission 55 Part 3D Liability of certain persons in relation to deceased estates 74A Fraudulently obtaining or keeping property 56 74B Persons liable for waste of deceased estate 57 Page contents 5 79A Orders to collect and administer estates for pt 5 58 79B Inclusion of orders to collect and Scottish confirmation 58 80 Reseal of grant made in reciprocating jurisdiction 58 80B Supreme Court may require security 59 80C Effect of sealing 59 87B Estates valued at $30 000 or less 61 87C Estates valued at $150 000 or less 62 88 Orders to public trustee and guardian to collect and administer 64 89 Effect of order 66 90 Grant of probate or administration despite appointment of public trustee and guardian 66 91 Cessation of rights and liabilities of public trustee and guardian 67 92 Order to public trustee and guardian to collect and administer in special circumstances 68 93 Notice of order to be published 69 95 Supreme Court orders against public trustee and guardian 69 96 Orders on complaints under s 95 70 97 Public trustee and guardian to act as Supreme Court directs 70 97A Public trustee and guardian may obtain directions of Supreme Court 70 98 Proceedings for estates administered by the public trustee and guardian 71 101 Accounts to be kept etc 71 102 Receipt of public trustee and guardian sufficient discharge 71 126 People entitled to inspect will of deceased person 72 127 Person fraudulently disposing of will liable for damages 73 128 Application of amendments made by Administration and Probate (Amendment) Act 1996 73 129 Regulation-making power 74 Page contents 6 Administration and Probate Act 1929 Schedule 4 75 Part 4.1 Order of application of assets if estate solvent 75 Part 4.2 Rules about payment of debts and liabilities if estate insolvent 76 Schedule 6 Distribution of intestate estate on intestacy 77 Part 6.1 Distribution of estate if intestate survived by partner 77 Part 6.2 Distribution of estate if intestate not survived by partner 79 Dictionary 80 1 About the endnotes 83 2 Abbreviation key 83 3 Legislation history 84 4 Amendment history 94 5 Earlier republications 116 An Act relating to the administration of the estates of deceased persons