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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.