Part 7Miscellaneous

Part 7—Miscellaneous 125—Person disqualified from taking interest or share in deceased estate to be treated as having predeceased testator or intestate (1) If a person is for any reason disqualified from— (a) taking their interest under a will as a beneficiary; or (b) taking their share in the distribution of an intestate estate, the person will be treated as having predeceased the testator or intestate (as the case may be). (2) Subsection (1)(a) does not apply if a contrary intention appears in the will. 126—Presumption of survivorship Subject to this Act and any order of the Court, if 2 or more persons have died in circumstances rendering it uncertain which of them survived the other or others, such deaths will, for all purposes affecting title to property, be taken to have occurred in order of seniority, and accordingly the younger person will be taken to have survived the elder person for a period of 1 day. This section applies subject to the operation of section 127 in respect of jointly‑owned property. 127—Devolution of jointly‑owned property where order of death uncertain If property is owned jointly and exclusively by 2 or more persons (other than as trustees) and all of the owners of the property die in an order that is uncertain, the property devolves as if the joint owners had, at the time of their deaths, held the property as tenants in common in equal shares. 128—Safe custody of wills and other documents (1) The Governor may, with the concurrence of the Chief Justice, by notice in the Gazette, appoint places for the safe custody, under the control of the Court, of— (a) wills deposited with the Registrar under this Act; and (b) wills brought into the Court for any purpose; and (c) wills of which probate has been granted; and (d) wills in relation to which administration (with the will annexed) has been granted; and (e) such other documents as the Court may direct. (2) Wills and other documents kept at a place appointed under this section may be inspected under the control of the Court and subject to this Act and the rules. 129—Office copies of wills or probate or administration may be obtained (1) A person may, on payment of the prescribed fee, obtain— (a) an office copy of the whole or part of a will; or (b) an office copy of any grant of probate or administration. (2) An office copy of a grant of probate or administration under the seal of the Court is equivalent as evidence to the original grant of probate or administration. 130—Probate to be evidence of wills concerning real property (1) The probate of a will or letters of administration with the will annexed is evidence of the due execution of the will on all questions concerning real and personal property (and the copy attached or annexed to the probate or letters of administration, purporting to be a copy of the will, is evidence of the contents of the will). (2) The probate of a will or letters of administration is evidence of the death, and of the date of the death, of the testator or intestate. 131—Will not to be registered or admissible as evidence until proved (1) A will of a deceased person cannot be registered or be admissible in evidence, except in criminal proceedings or on application for probate or letters of administration, until administration in respect of the estate comprised in the application for probate or letters of administration has been granted. (2) In this section— administration means— (a) probate or administration; or (b) an order under section 9 of the Public Trustee Act 1995 authorising the Public Trustee to administer the estate of a deceased person; or (c) any other document, order or means by which a person becomes entitled at law to administer the estate of a deceased person. 132—Inspection of documents in Land Titles Registration Office or General Registry Office If the inspection of a deed or other document in the Land Titles Registration Office or the General Registry Office is required by the Registrar for the purposes of this Act, the Registrar‑General must produce the deed or document to the Registrar or a person appointed by the Registrar to make the inspection. 133—Power of Public Trustee to move for attachment of administrator If in the opinion of the Public Trustee— (a) grounds exist for the attachment of an administrator; and (b) it is necessary or desirable for the purpose of protecting the interests of any person that proceedings for the attachment of the administrator be instituted, the Public Trustee may institute proceedings for the attachment of the administrator. 134—Restrictions on exercise of rights of retainer and preference (1) An executor or administrator of the estate of a deceased person must not exercise a right of retainer or preference unless the executor or administrator has reasonable cause to believe, and does believe, that the assets of the estate are sufficient to satisfy its liabilities. (2) If a right of retainer or preference is exercised in contravention of subsection (1), the Court may— (a) set aside any payment of money or disposition of property that has been made in contravention of subsection (1); and (b) make any other order that may be just in the circumstances. (3) This section does not prevent an executor or administrator from exercising a right to retain assets from the estate of a deceased person if the extent to which the executor or administrator exercises that right is not such as to confer on the executor or administrator a preference over other creditors of the estate. 135—Delegation (1) The Minister may delegate a function or power of the Minister under this Act to— (a) a specified body or person; or (b) a person for the time being holding or acting in a specified office or position. (2) A delegation— (a) must be by instrument in writing; and (b) may be made subject to conditions or limitations; and (c) does not derogate from the ability of the delegator to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 136—Person making false oath commits perjury A person who knowingly and wilfully makes a false oath or declaration under this Act or the rules is guilty of perjury. 137—Applications to Court Unless expressly provided otherwise by this Act, an application to the Court under this Act must be made in accordance with the rules. 138—Rules of court (1) The Court, or any 1 or more Judges of the Court, may make rules of court under this Act on any subject contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the rules may— (a) regulate the practice and procedure of the Court in its testamentary jurisdiction; and (b) regulate the practice and procedure of the Court in its jurisdiction under Part 6; and (c) determine what testamentary matters are to be taken to be contentious or non‑contentious; and (d) provide for the guidance of executors and administrators in relation to land passing under section 75; and (e) define the duties of the Registrar and other officers of the Court; and (f) authorise and regulate the exercise by the Registrar of any specified jurisdiction, power or authority of the Court; and (g) prescribe forms for the purposes of this Act. (3) The power to make rules of court conferred by this section are in addition to, and do not derogate from, the powers of the Court to make rules under the Supreme Court Act 1935. (4) Until rules are made under this section for the purposes of regulating the practice and procedure of the Court in its jurisdiction under Part 6, the general practice and procedure of the Court must, so far as applicable and not inconsistent with this Act, apply to all proceedings of the Court under Part 6. 139—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act. (2) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and (d) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other specified person or body. (3) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (4) A fee notice may provide for the waiver, reduction or remission of fees. 140—Review of Act (1) The Minister must cause a review of the operation of this Act to be conducted, and a report on the review to be prepared and submitted to the Minister, after this Act has been in operation for a period of 5 years. (2) The Minister must cause a copy of a report submitted under subsection (1) to be laid before both Houses of Parliament within 12 sitting days after receiving the report.