Administration and Probate Act 1969
22To whom administration may be granted
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22 To whom administration may be granted (1) Subject to this section, the Court may grant administration of the estate of an intestate person to: (a) the spouse or de facto partner of the deceased person; (b) one or more of the next of kin; (c) the spouse or de facto partner conjointly with one or more of the next of kin; or (d) such person, whether a creditor or not of the deceased person, as the Court thinks fit.
Administration and Probate Act 1969 7 (2) The Court shall not grant administration to a person who is not the spouse or de facto partner or one of the next of kin of the deceased unless: (a) there is no such spouse or de facto partner or next of kin; (b) there is no such spouse or de facto partner or next of kin within the jurisdiction who is, in the opinion of the Court, fit to be trusted; or (c) there is no such spouse or de facto partner or next of kin who, when duly cited, appears and prays for administration. (2A) References in subsections (1) and (2) to a spouse or de facto partner of a deceased person are references only to a spouse or de facto partner who is entitled to an interest in the deceased person's intestate estate. (3) The Court shall not grant administration to an infant.