Div 3AAdministration orders (missing persons)

Division 3A—Administration orders (missing persons) 48A—Administration orders (missing persons) (1) If the Supreme Court is satisfied, on an application made in accordance with the rules, that— (a) a person is a missing person; and (b) it is not known whether the person is alive; and (c) all reasonable efforts have been made to locate the person; and (d) persons residing at the place where the person was last known to reside, or relatives or friends, with whom the person would be likely to communicate, have not heard from, or of, the person for at least 90 days; and (e) it is in the best interests of the missing person to make an order under this section, the Court may make an order appointing 1 or more administrators of the missing person's estate. (2) The Court must not appoint a person as an administrator of a missing person's estate unless satisfied that— (a) the person to be appointed is a fit and proper person to act as an administrator of the missing person's estate; and (b) the person to be appointed is competent to administer the missing person's estate; and (c) the appointment would not give rise to a conflict of interest. (3) The fact that a proposed appointee is related to the missing person by blood or marriage will not, of itself, be taken to give rise to a conflict of interest. (4) An administration order under this section remains in force for a period determined by the Court. (5) An administration order under this section authorises the administrator of the missing person's estate to take such action as may be necessary or desirable for— (a) the payment of the missing person's debts; and (b) the maintenance and benefit of dependants of the missing person; and (c) the care and maintenance of property of the missing person. (6) An administrator appointed under this section must give the Court notice in accordance with the rules as soon as practicable after the administrator becomes aware that— (a) the missing person is alive (whether in this State or elsewhere); or (b) the missing person has died. (7) The Court may by order, on application in accordance with the rules, vary or revoke an administration order made under this section. (8) An administrator appointed under this section must keep accurate records and accounts of all dealings and transactions made by the administrator pursuant to the administration order. (9) An application for an order under this section may be made by— (a) the spouse or domestic partner of the missing person; or (b) a relative of the missing person; or (c) the Public Trustee; or (d) any other person who has an interest in the estate of the missing person. (10) An administrator appointed under this section is subject to direction and control by the Court. Part 3—Amendment of Law of Property Act 1936 5—Amendment of section 114—Power of Court to sell interest of Crown in real estate Section 114(3)—delete subsection (3) 6—Repeal of section 115 Section 115—delete the section Part 4—Amendment of Public Trustee Act 1995 7—Substitution of section 52 Section 52—delete the section and substitute: 52—Deposit of certain wills and other documents with Public Trustee (1) The following documents may be deposited for safe custody with the Public Trustee: (a) a will of which the Public Trustee is appointed the executor or 1 of the executors; (b) a will prepared by a legal practitioner who— (i) has died; or (ii) has ceased, or is about to cease, the practice of the law in this State; or (c) a will held by a legal practitioner or legal practice that was executed by a testator who cannot be located; or (d) a settlement, declaration of trust or other instrument by which a trust is declared or created concerning property of any kind where the Public Trustee is appointed the trustee or 1 of the trustees; or (e) any other document prepared by the Public Trustee. (2) The Public Trustee must keep a register of wills deposited under this section. (3) No fee is payable for depositing a will with the Public Trustee but a person may be required to pay a fee for any 1 or more of the following services: (a) searching for a will deposited under this section; (b) recovery of a will deposited under this section; (c) delivery of a will deposited under this section. (4) The Public Trustee may destroy a will deposited with the Public Trustee if— (a) the testator has died; and (b) a reasonable period has elapsed during which a person might be expected to have sought access to the will. (5) The Public Trustee is not liable for— (a) the loss of, or damage to, any will deposited with the Public Trustee under this section; or (b) any inaccuracy or omission in the register kept under this section. 8—Substitution of section 55 Section 55—delete the section and substitute: 55—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) regulate the deposit of wills and other documents with the Public Trustee; (b) regulate the payment, refund, waiver or reduction of fees prescribed by the Minister under subsection (3). (3) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. Part 5—Amendment of Stamp Duties Act 1923 9—Amendment of section 71CB—Exemption from duty in respect of certain transfers between spouses etc or former spouses etc (1) Section 71CB—after subsection (2) insert: (2a) An instrument executed after the commencement of this subsection is exempt from stamp duty if the sole effect of the instrument is to transfer to the spouse or domestic partner of a deceased person an interest in a dwelling acquired by the spouse or domestic partner from the deceased's estate in consequence of an election made by the spouse or domestic partner under section 102 of the Succession Act 2023. (2) Section 71CB(4)—after "instrument" first occurring insert: described in subsection (2) (3) Section 71CB(6)—delete "This" and substitute: Subject to subsection (2a), this 10—Amendment of Schedule 2—Stamp duties and exemptions Schedule 2, Part 2, clause 16—after item 27 insert: 27A An agreement for the distribution of an intestate estate, or part of an intestate estate, approved by the Supreme Court under section 111 of the Succession Act 2023. Part 6—Amendment of Supreme Court Act 1935 11—Substitution of section 18 Section 18—delete the section and substitute: 18—Testamentary jurisdiction (1) Subject to this Act and the Succession Act 2023, the court has jurisdiction, including jurisdiction for all purposes the court considers appropriate— (a) to make and revoke a grant of probate of the will or letters of administration of the estate of any deceased person; and (b) to hear and decide all testamentary matters; and (c) to hear and decide all matters relating to the estate and the administration of the estate of any deceased person. (2) The court may make any declaration, and make and enforce any order, that may be necessary or convenient in the exercise of its jurisdiction under the Succession Act 2023. Part 7—Amendment of Trustee Act 1936 12—Amendment of section 91—Advice and directions of court and commission Section 91—delete "Sections 69 and 70 of the Administration and Probate Act 1919" and substitute: Sections 94 and 95 of the Succession Act 2023