154Application of section 103

154 Application of section 103 (1) Section 103, as amended by the Justice and Other Legislation Amendment Act 2021, applies only in relation to a claim made after the commencement of section 4 of that Act (the commencement). (2) Section 103, as in force immediately before the commencement, continues to apply in relation to a claim made before the commencement. Administration and Probate Act 1969 61 section 57 PART I Order of Application of Assets where the Estate is Solvent 1. Assets undisposed of by will, subject to the retention out of those assets of a fund sufficient to meet any pecuniary legacies. 2. Assets not specifically disposed of by will but included (either by a specific or general description) in a residuary gift, subject to the retention out of those assets of a fund sufficient to meet any pecuniary legacies which are not provided for out of the assets undisposed of by will. 3. Assets specifically appropriated or disposed of by will (either by a specific or general description) for the payment of debts. 4. Assets charged with, or disposed of by will (either by a specific or general description) subject to a charge for, the payment of debts. 5. The fund, if any, retained to meet pecuniary legacies. 6. Assets specifically disposed of by will, rateably according to value. PART II Rules as to Payment of Debts and Liabilities when the Estate is Insolvent 1. The funeral, testamentary and administration expenses have priority. 2. Subject to the last preceding rule, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors and as to the valuation of annuities and future and contingent liabilities, respectively, and as to the priorities of debts and liabilities as are in force at the death of the deceased person under the law of bankruptcy with respect to the assets of persons adjudged bankrupt. 3. In the application of those rules, the date of the death of the deceased person shall be substituted for the date of the sequestration order. Administration and Probate Act 1969 62 section 66 PART I – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED BY A SPOUSE AND NOT BY ANY DE FACTO PARTNER Item Circumstances Manner in which the intestate estate of the intestate is to be distributed 1. Where the intestate is not survived by: (a) issue; or (b) a parent, a brother or sister or the issue of a brother or sister. The spouse is entitled to the whole of the intestate estate. 2. Where the intestate is survived by issue. 1. The spouse is entitled: (a) if the value of the intestate estate does not exceed the prescribed amount – to the whole of the intestate estate; or (b) if the value of the intestate estate exceeds the prescribed amount – to be paid out of the intestate estate the prescribed sum and an additional sum equal to: (i) if one child or the issue of one child of the intestate but no other issue of the intestate survives the intestate – one-half of the value of the balance of the intestate estate; or (ii) if any other case – one-third of Administration and Probate Act 1969 63 the value of the balance of the intestate 2. The issue of the intestate are entitled to the balance (if any) of the intestate estate after payment to the spouse of the sum or sums to which paragraph 1. 3. Where the intestate is not survived by issue but is survived by a parent, brother or sister or the issue of a brother or sister. 1. the spouse is entitled: (a) if the value of the intestate estate does not exceed the prescribed amount – to the whole of the intestate estate; or (b) if the value of the intestate estate exceeds the prescribed amount – to be paid out of the intestate estate the prescribed sum and an additional sum equal to one-half of the value of the balance of the intestate 2. If the intestate is survived by one or both of his or her parents (whether or not the intestate is also survived by a brother or sister or the issue of a brother or sister), the surviving parent is entitled, or the parents are entitled in equal shares, as the case may be, to the balance (if any) of the intestate estate after payment to the spouse of the sum or sums to which paragraph 1. Administration and Probate Act 1969 64 3. If the intestate is not survived by a parent, the brothers and sisters of the intestate who survived the intestate, and the issue who survive the intestate of a brother or sister of the intestate who died before the intestate, are entitled to the balance (if any) of the intestate estate, after payment to the spouse of the sum or sums to which paragraph 1 of this item in the shares in which he, she or they would have been entitled to the intestate estate if the intestate had not been survived by his or her spouse. PART II – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED BY A DE FACTO PARTNER BUT NOT BY A SPOUSE Where the intestate is survived by a de facto partner, but not by a spouse: (a) if the intestate is not survived by issue, item 1 or (as the case requires) 3 in Part I shall apply as if references to the spouse of the intestate were references to the de facto partner; and (b) if the intestate is survived by issue, item 2 in Part I shall apply similarly where: (i) the issue are, or include, issue of the intestate and the de facto partner; or (ii) the de facto partner was the de facto partner of the intestate for a continuous period of not less than 2 years immediately preceding the intestate's death, but in any other case the issue shall be entitled to the whole of the intestate estate. Administration and Probate Act 1969 65 PART III – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED BY BOTH A SPOUSE AND A DE FACTO PARTNER 1. Where the intestate is survived by both a spouse and a de facto partner, and: (a) the de facto partner was the de facto partner of the intestate for a continuous period of not less than 2 years immediately preceding the intestate's death, and the intestate did not at any time during that period live with the person to whom he or she was married; or (b) the intestate is also survived by issue of the intestate and the de facto partner, items 1 to 3 (inclusive) in Part I shall apply as if references to the spouse of the intestate were references to the de facto partner. 2. Where the intestate is survived by both a spouse and a de facto partner and clause 1 does not apply, the intestate shall be treated as having been survived by the spouse and not by the de facto partner, and Part I shall have effect accordingly. PART IV – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED BY NEITHER A SPOUSE NOR A DE FACTO PARTNER Item Circumstances Manner in which the intestate estate of the intestate is to be distributed 1. Where the intestate is survived by issue. The issue are entitled to the whole of the intestate estate. 2. Where the intestate is not survived by issue but is survived by a parent or both parents. The parent is entitled to the whole of the intestate estate or, if both parents survive the intestate, the parents are entitled to the whole of the intestate estate in equal shares. 3. Where the intestate is not survived by issue or by a parent but is survived by next of kin. The next of kin are entitled to the intestate estate in accordance with section 69. 4. Where the intestate is not survived by issue, by a parent or by next of kin. The intestate estate shall be deemed to be bona vacantia and the Territory is entitled to it. Administration and Probate Act 1969 66 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Administration and Probate Ordinance 1969 (Act No. 38, 1969) Assent date 17 October 1969 Commenced 8 February 1971 (Gaz No. 51, 23 December 1970, p 371) Ordinances Revision Ordinance 1973 (Act No. 87, 1973) Assent date 11 December 1973 Commenced 11 December 1973 (s 12(2)) Amending Legislation Ordinances Revision Ordinance 1974 (Act No. 34, 1974) Assent date 26 August 1974 Commenced 11 December 1973 (s 3(2)) Ordinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974) Assent date 24 October 1974 Commenced 11 December 1973 (s 3) Ordinances Revision Ordinance 1976 (Act No. 27, 1976) Assent date 28 June 1976 Commenced ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974 Administration and Probate Ordinance 1974 (Act No. 22, 1974) Assent date 19 August 1974 Commenced 19 August 1974 Age of Majority Ordinance 1974 (Act No. 37, 1974) Assent date 23 September 1974 Commenced 1 November 1974 (Gaz No. 42, 17 October 1974, p 475) Transfer of Powers (Further Provisions) Ordinance 1977 (Act No. 51, 1977) Assent date 9 December 1977 Commenced 1 January 1978 (s 2) Administration and Probate Act 1969 67 Transfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978) Assent date 1 July 1978 Commenced 1 July 1978 (s 2) Status of Children Act 1978 (Act No. 16, 1979) Assent date 26 January 1979 Commenced 21 September 1979 (Gaz G38, 21 September 1979, p 1) Administration and Probate Act 1979 (Act No. 38, 1979) Assent date 27 April 1979 Commenced 3 December 1979 (Gaz S25, 28 November 1979, p 1) Administration and Probate Act (No. 2) 1979 (Act No. 90, 1979) Assent date 10 August 1979 Commenced 3 December 1979 (s 2, s 2 Public Trustee Act 1979 (Act No. 84, 1979) and Gaz S25, 28 November 1979) Statute Law Revision Act 1980 (Act No. 6, 1981) Assent date 9 January 1981 Commenced 9 January 1981 Statute Law Revision Act 1981 (Act No. 29, 1981) Assent date 25 March 1981 Commenced 25 March 1981 Statute Law Revision Act (No. 3) 1981 (Act No. 91, 1981) Assent date 21 September 1981 Commenced 21 September 1981 Administration and Probate Amendment Act 1983 (Act No. 24, 1983) Assent date 24 June 1983 Commenced 28 October 1983 (Gaz G43, 28 October 1983, p 2) Administration and Probate Amendment Act 1985 (Act No. 9, 1985) Assent date 1 April 1985 Commenced 1 May 1985 (Gaz G17, 1 May 1985, p 8) Administration and Probate Amendment Act 1988 (Act No. 17, 1988) Assent date 15 June 1988 Commenced 15 June 1988 Administration and Probate Amendment Act 1989 (Act No. 55, 1989) Assent date 2 October 1989 Commenced 2 October 1989 Statute Law Revision Act 1989 (Act No. 60, 1989) Assent date 2 October 1989 Commenced 2 October 1989 Statute Law Revision Act 1990 (Act No. 33, 1990) Assent date 11 June 1990 Commenced 11 June 1990 Real Property (Consequential Amendments) Act 1991 (Act No. 33, 1991) Assent date 25 June 1991 Commenced 1 October 1991 (Gaz S49, 1 October 1991) Administration and Probate Act 1969 68 Statute Law (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991) Assent date 16 December 1991 Commenced 16 December 1991 Administration and Probate Amendment (De Facto Relationships) Act 1991 (Act No. 83, 1991) Assent date 24 December 1991 Commenced 1 January 1992 (s 2) Administration and Probate Amendment Act 1993 (Act No. 22, 1993) Assent date 24 June 1993 Commenced 24 June 1993 Statute Law Revision Act 1998 (Act No. 11, 1998) Assent date 30 March 1998 Commenced 30 March 1998 Statute Law Revision Act (No. 2) 1998 (Act No. 92, 1998) Assent date 11 December 1998 Commenced s 3: 1 April 1999 (Gaz S15, 1 April 1999) Mental Health and Related Services (Consequential Amendments) Act 1999 (Act No. 11, 1999) Assent date 25 March 1999 Commenced 1 February 2000 (s 2, s 2 Mental Health and Related Services Act 1998 (Act No. 63, 1998) and Gaz G3, 26 January 2000, p 2) Statute Law Revision Act 2000 (Act No. 19, 2000) Assent date 6 June 2000 Commenced s 6: 4 December 1999; rem: 12 July 2000 (s 2 and Gaz G27,