Administration and Probate Act 1929
12December 2023. It also includes any commencement, amendment, repeal or expiry affecting
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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