• Administration and Probate Act 1929
  • Part 1 Preliminary
    • 1 Name of Act
    • 2 Dictionary
    • 3 Notes
  • Part 3 Grant of representation
    • Division 3.1 Jurisdiction of the Supreme Court
      • 8C Supreme Court to make finding about domicile of deceased person
      • 9 Probate or administration may be granted
      • 9A Evidence of death
      • 9B Grant on presumption of death
      • 9C Evidentiary effect of probate and letters of administration
      • 10B Grant to single executor reserving leave to others to apply
      • 10C Grant of probate to public trustee and guardian etc
      • 11 Practice about granting administration of real and personal estate
      • 12 Eligible administrators
      • 13 Rights and duties of administrator
      • 20 Renunciation or non-appearance by executor
      • 20A Renunciation etc by person appointed both executor and trustee of will
      • 21 Administration to guardian of child sole executor
      • 22 Administration under power of attorney
      • 23 Administration pendente lite and receiver
      • 24 Power to appoint administrator
      • 25 Failure of executor to prove will
      • 26 Issue of special letters of administration
      • 27 Special administrator to make certain affidavits
      • 28 On return of original executor or administrator special administration to be revoked
      • 29 Accounting by special administrator
      • 30 Liability of executor or administrator neglecting to apply for revocation of special administration
      • 31 Revocation of grants not to prejudice actions or suits
      • 32 Discharge or removal of executors and administrators
      • 32A Revocation of grant if person living at date of grant
      • 32B Effect of revocation of grant
    • Division 3.3 Effect of grant of representation
      • 38A Estate to vest in public trustee and guardian until grant
      • 39 Real and personal estate to vest in executor or administrator
      • 40 Real estate held in trust
      • 41 Property of deceased to be assets
      • 41A Property of deceased liable for debts
      • 41B Appointments by will under general power
      • 41C Administration of assets
      • 41D Application of income of settled residuary estate
      • 42 Real estate to be held on trusts of will
      • 43 Rights of executor in relation to real estate
    • Division 3.4 Position of executor of an executor
      • 43A Executor of executor
      • 43B When ceases to represent deceased
      • 43C Rights and liabilities of executor of executor
  • Part 3A Intestacy
    • Division 3A.1 Preliminary
      • 44 Interpretation for pt 3A
    • Division 3A.2 Distribution on intestacy
      • 44A Whole blood or half-blood relationships
      • 45 Executor or administrator to hold property of intestate on trust for persons entitled
      • 45A Distribution between spouse, civil union partner or civil partner and eligible partner
      • 46 Entitlement of children
      • 48 Estate by courtesy or right of dower not to arise
      • 49 Distribution of intestate estate
      • 49A Interest of partner on intestacy in personal chattels
      • 49AA Immovable property if intestate domiciled elsewhere
      • 49B How distribution to issue is made
      • 49BA Gifts made before death of intestate
      • 49C How distribution to next of kin is made
      • 49CA How distribution to the Territory is made
      • 49D Partial intestacies
      • 49E Presumptions of parentage
    • Division 3A.3 Rights of partners to intestate dwelling houses
      • 49F Definitions for div 3A.3
      • 49G Claim by partner to dwelling house
      • 49H Valuation
      • 49J Right not exercisable for certain tenancies
      • 49K Right not exercisable in certain other cases
      • 49L Personal representative not to sell or dispose of interest without consent
      • 49M Rule that trustee not to purchase trust property
      • 49N If surviving partner is under legal disability
  • Part 3B Simultaneous deaths
    • 49P Simultaneous deaths—devolution of property generally
    • 49Q Simultaneous deaths—devolution of jointly owned property
  • Part 3C Functions of executors and administrators
    • 50 Powers of executors and administrators to sell, mortgage or lease real estate
    • 51 Supreme Court may make special order
    • 51A Supreme Court may authorise postponement of realisation and carrying on of business
    • 52 Supreme Court may order partition in summary way
    • 53 Personal representative not required to continue to act against own consent
    • 54 In suits executor or administrator to represent real estate
    • 55 All debts to stand in equal degree
    • 55A Interest on legacies
    • 56 Executor may sign acknowledgment instead of conveyance
    • 57 Summary application for legacy etc
    • 58 Examination and passing of accounts etc
    • 61 Supreme Court may make order about disposal of money in hands of executor etc
    • 62 Payments under revoked probates or administrations valid
    • 63 Persons etc making payments on probate granted for estate of deceased person to be indemnified
    • 64 Distribution of assets
    • 65 Claims barred against executor or administrator in certain cases
    • 66 Distribution of estate by executors and administrators
    • 67 Right to follow assets
    • 68 Executors may compound etc
    • 69 Every executor etc taken to be resident in ACT
    • 70 Executors etc may be allowed commission
  • Part 3D Liability of certain persons in relation to deceased estates
    • 74A Fraudulently obtaining or keeping property
    • 74B Persons liable for waste of deceased estate
  • Part 5 Recognition of foreign grants
    • 79A Orders to collect and administer estates for pt 5
    • 79B Inclusion of orders to collect and Scottish confirmation
    • 80 Reseal of grant made in reciprocating jurisdiction
    • 80B Supreme Court may require security
    • 80C Effect of sealing
  • Part 6 Public trustee and guardian
    • 87B Estates valued at $30 000 or less
    • 87C Estates valued at $150 000 or less
    • 88 Orders to public trustee and guardian to collect and administer
    • 89 Effect of order
    • 90 Grant of probate or administration despite appointment of public trustee and guardian
    • 91 Cessation of rights and liabilities of public trustee and guardian
    • 92 Order to public trustee and guardian to collect and administer in special circumstances
    • 93 Notice of order to be published
    • 95 Supreme Court orders against public trustee and guardian
    • 96 Orders on complaints under s 95
    • 97 Public trustee and guardian to act as Supreme Court directs
    • 97A Public trustee and guardian may obtain directions of Supreme Court
    • 98 Proceedings for estates administered by the public trustee and guardian
    • 101 Accounts to be kept etc
    • 102 Receipt of public trustee and guardian sufficient discharge
  • Part 9 Miscellaneous
    • 126 People entitled to inspect will of deceased person
    • 127 Person fraudulently disposing of will liable for damages
    • 128 Application of amendments made by Administration and Probate (Amendment) Act 1996
  • Schedule 4 .
    • Part 4.1 Order of application of assets if estate solvent
    • Part 4.2 Rules about payment of debts and liabilities if estate insolvent
  • Schedule 6 Distribution of intestate estate on intestacy
    • Part 6.1 Distribution of estate if intestate survived by partner
    • Part 6.2 Distribution of estate if intestate not survived by partner
  • Dictionary
  • Endnotes
    • 1 About the endnotes
    • 2 Abbreviation key
    • 3 Legislation history
    • 4 Amendment history
    • 5 Earlier republications