ADMINISTRATION AND PROBATE ACT 1969
NORTHERN TERRITORY OF AUSTRALIA
ADMINISTRATION AND PROBATE ACT 1969
As in force at 1 July 2022
Table of provisions
Part I Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
6 Interpretation ................................................................................... 1
Part III Grant of representation
Division 1 Jurisdiction of the Court
14 Probate or administration may be granted ....................................... 3
15 Evidence of death ............................................................................ 3
16 Grant on presumption of death ........................................................ 4
17 When probate may be issued by Registrar ...................................... 5
18 Sealing of probate and letters of administration............................... 6
19 Grant to one executor reserving leave to others to apply ................ 6
20 Court may grant probate to Public Trustee named as executor....... 6
21 Practice as to granting administration of real and personal
estate ............................................................................................... 6
22 To whom administration may be granted ......................................... 6
23 Administration bond to be given ...................................................... 7
26 Probate or administration may be revoked or further bond
required ........................................................................................... 7
27 Application by surety for relief.......................................................... 8
28 Renunciation or non-appearance by executor ................................. 8
29 Renunciation, &c., by person appointed both executor and
trustee of will.................................................................................... 8
30 Administration to guardian of infant sole executor ........................... 9
31 Administration to be granted to attorney in certain cases ................ 9
32 Administration pendente lite and receiver ........................................ 9
33 Power as to appointment of administrator ..................................... 10
34 Proceeding where executor neglects to prove will ......................... 10
35 Issue of special letters of administration ........................................ 11
36 Special administrator to make certain affidavits............................. 11
37 On return of original executor or administrator special
administration to be rescinded ....................................................... 11
38 Accounting by special administrator .............................................. 11
39 Liability of executor or administrator neglecting to apply for
rescission of special administration ............................................... 12
40 Revocation of grants not to prejudice actions or suits ................... 12
41 Discharge or removal of executor or administrator ........................ 12
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Administration and Probate Act 1969 ii
42 Revocation of grant of person living at the date of the grant.......... 13
43 Effect of revocation of grant ........................................................... 13
Division 2 Caveats
44 Caveat may be lodged ................................................................... 14
Division 3 Effect of grant of representation
49 Estate vests in Public Trustee on person's death .......................... 14
50 Public Trustee may act before property vests in executor or
administrator .................................................................................. 15
51 Public Trustee to give notice of intention to act ............................. 16
52 Real and personal estate to vest in executor or administrator ....... 16
53 Real estate held in trust ................................................................. 17
54 Property of deceased person to be assets .................................... 17
55 Property of deceased person liable for debts ................................ 17
56 Appointments by will under general power .................................... 18
57 Administration of assets ................................................................ 18
58 Application of income of settled residuary estate........................... 19
59 Real estate to be held upon trusts of will ....................................... 20
60 Rights of executor as to real estate ............................................... 20
60A Evidentiary effect of probate and letters of administration ............. 20
Division 4 Distribution of intestacy
61 Interpretation ................................................................................. 21
62 Executor, &c., to hold property on trust, &c. .................................. 22
63 Provisions relating to persons who at the date of death of the
intestate are infants ....................................................................... 22
64 Presumption of survivorship not to apply ....................................... 22
65 Estate by courtesy or right of dower not to arise............................ 22
66 Distribution of intestate estate on intestacy ................................... 23
67 Right of spouse or de facto partner to personal chattels ............... 23
67A Intestate Aboriginals survived by more than one spouse .............. 24
68 Manner of distribution to issue ....................................................... 24
69 Manner of distribution to next of kin ............................................... 26
70 Partial intestacies .......................................................................... 27
Division 4A Intestate Aboriginals
71 Application ..................................................................................... 29
71A Intestate estate not to include debts, &c. ....................................... 29
71B Applications for orders for distribution ........................................... 29
71C Time for making applications ......................................................... 30
71D Service of applications ................................................................... 30
71E Distribution order ........................................................................... 30
71F Property in respect of which distribution order may be made ........ 31
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Administration and Probate Act 1969 iii
Division 5 Matrimonial home (including home of de facto
partner)
72 Definitions ...................................................................................... 31
73 Right of spouse or de facto partner to have matrimonial home
appropriated .................................................................................. 32
74 Interest in home to be valued ........................................................ 33
75 Right not exercisable in case of certain tenancies ......................... 33
76 Right not exercisable in certain other cases .................................. 33
77 Personal representative not to sell or dispose of interest
without consent.............................................................................. 34
78 Rule that trustee not to purchase trust property............................. 35
79 Surviving spouse or de facto partner under a legal disability ......... 35
Division 6 Rights, powers, duties and liabilities of
executors and administrators
80 Powers of executors and administrators as to sale, mortgage,
or lease of real estate .................................................................... 35
81 Powers of executors and administrators as to appropriation ......... 36
82 Court may make special order ....................................................... 39
83 Court may authorize postponement of realization and carrying
on of business ............................................................................... 39
84 Court may order partition in a summary way ................................. 40
85 Personal representative not required to continue to act against
own consent .................................................................................. 40
87 All debts to stand in equal degree ................................................. 41
88 Summary application for legacy, &c. ............................................. 41
89 Executor or administrator to pass certain accounts ....................... 41
90 Passing and allowance of the accounts of executors and
administrators ................................................................................ 42
91 Punishment for accounts not exhibited .......................................... 42
92 Proceedings under section 91 not to prejudice proceedings on
bond .............................................................................................. 42
93 Court may make order as to disposal of moneys in hands of
executor, &c................................................................................... 43
94 Payments under revoked probates or administrations valid .......... 43
95 Persons, &c., making payments upon probate granted for
estate of deceased person to be indemnified ................................ 43
96 Distribution of assets, &c. .............................................................. 43
97 Claim barred against executor or administrator in certain
cases ............................................................................................. 44
98 Distribution of estate by executors and administrators .................. 44
99 Right to follow assets ..................................................................... 45
101 Every executor, &c., to be deemed resident in the Territory .......... 45
Division 7 Commission
102 Executors, &c., may be allowed commission ................................. 46
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Administration and Probate Act 1969 iv
Division 8 Additional powers etc. of professional
personal representatives
103 Inquiries as to validity of claim ....................................................... 46
104 Rejection of small claim ................................................................. 47
105 Requirement for life tenant to give undertaking ............................. 48
105A Obtaining information about deceased person's property etc. ....... 49
Part IV Small estates
Division 1 Applications for representation
106 Application to Registrar ................................................................. 50
107 Duties of Registrar ......................................................................... 50
108 Registrar to issue probate or administration in the name of the
Court .............................................................................................. 50
109 Matters as to which Registrar not satisfied .................................... 51
110 Obligation of Registrar ................................................................... 51
Division 2 Representation by professional personal
representatives
110A Administration of small estate without representation or
election .......................................................................................... 51
110B Election to administer small estate ................................................ 52
110C Election in respect of part administered estate .............................. 54
Part V Recognition of foreign grants
111 Reseal of grant made in certain countries ..................................... 55
112 Caveat ........................................................................................... 56
113 Seal not to be affixed till duty is paid, &c. ...................................... 56
114 Inclusion of orders to collect and scotch confirmation ................... 57
Part VII Procedure
147 Order to produce an instrument purporting to be testamentary ..... 57
Part VIII Miscellaneous
148 Registrar to keep record of probates, &c. ...................................... 58
149 Proved wills and other documents to be held by Registrar ............ 58
150 Office copies .................................................................................. 58
152 Person fraudulently disposing of will liable for damages ............... 59
152A Regulations.................................................................................... 59
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Administration and Probate Act 1969 v
Part IX Transitional matters for Justice Portfolio
(Miscellaneous Amendments) Act 2005
153 Section 104: rejection of claims in excess of prescribed
amount .......................................................................................... 59
Part X Transitional matters for Justice and Other
Legislation Amendment Act 2021
154 Application of section 103 .............................................................. 60
Schedule 4
Schedule 6 Distribution of intestate estate upon
intestacy
ENDNOTES
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NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 1 July 2022
____________________
ADMINISTRATION AND PROBATE ACT 1969
An Act relating to the administration of the estates of deceased persons
Part I Preliminary
1 Short title
This Act may be cited as the Administration and Probate Act 1969.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
6 Interpretation
(1) In this Act, unless the contrary intention appears:
Aboriginal means a person who is a member of the aboriginal race
of Australia.
administration includes all letters of administration of the real and
personal estate of deceased persons whether with or without the
will annexed and whether granted for general, special or limited
purposes, exemplification of letters of administration and such other
formal evidence of the letters of administration purporting to be
under the seal of a court of competent jurisdiction as is in the
opinion of the Court sufficient.
administrator includes any person to whom administration is
granted.
committee, in relation to a person, includes a guardian for that
person's financial matters appointed under the Guardianship of
Adults Act 2016.
deceased person means a person dying on or after the date on
which this Act comes into operation.
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Part I Preliminary
Administration and Probate Act 1969 2
distribute means to pay, deliver or divide the estate or property
referred to, or to among the person or persons entitled thereto
under any intestacy or under any will.
election means an election to administer the estate or a part of the
estate of a deceased person.
next of kin, in relation to a deceased person, means those
persons, other than a spouse or de facto partner of the deceased
person, who would be entitled to take an interest in the estate of the
deceased person if he or she had died intestate.
probate includes exemplification of probate or any other formal
document, purporting to be under the seal of a court of competent
jurisdiction, which, in the opinion of the Court, is deemed sufficient.
professional personal representative means:
(a) the Public Trustee;
(b) a trustee company within the meaning of the Companies
(Trustees and Personal Representatives) Act 1981; or
(c) a legal practitioner.
Public Trustee has the same meaning as in the Public Trustee
Act 1979.
purposes of administration, in relation to the administration of the
estate of a deceased person, includes the payment in due course of
administration of the debts, funeral and testamentary expenses,
duties and commission, and the costs, charges and expenses of
the executor or administrator, and any costs which may be ordered
to be paid out of the estate.
Registrar means the Registrar of the Supreme Court performing
the functions of the Registrar of Probates.
relevant country means:
(a) a State or another Territory of the Commonwealth of Australia;
(b) a country that is prescribed; or
(c) where a part of a country is prescribed – that part of the
country.
representation means the probate of a will and administration.
will includes a codicil.
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Part III Grant of representation
Division 1 Jurisdiction of the Court
Administration and Probate Act 1969 3
(2) In this Act, unless the contrary intention appears, a reference to a
Public Trustee, in relation to a country, shall be read as including a
reference to an officer of that country who is entitled under a law of
that country to apply, in a case where a deceased person has died
intestate leaving no next of kin, to a court for an order that
authorizes the officer to administer the estate of the deceased
person.
(4) For the purposes of this Act, an Aboriginal who has entered into a
relationship with another Aboriginal that is recognized as a
traditional marriage by the community or group to which either
Aboriginal belongs is married to the other Aboriginal, and all
relationships shall be determined accordingly.
(5) Except where they are defined in this Act to have a different
meaning or the contrary intention appears, words used in this Act
have the same meaning as defined in the Supreme Court Act 1979
or in Chapter 3 of the Rules of the Supreme Court made under that
Act.
Part III Grant of representation
Division 1 Jurisdiction of the Court
14 Probate or administration may be granted
(1) The Court shall have jurisdiction to grant probate of the will or
administration of the estate of any deceased person leaving
property, whether real or personal, within the Territory.
(2) The Court shall have jurisdiction to grant probate of the will, or
administration of the estate, of a deceased person who did not
leave property, whether real or personal, within the Territory, if the
Court is satisfied that the grant of probate or administration is
necessary.
15 Evidence of death
(1) Probate of the will, or administration of the estate, of a person may
be granted by the Court if it is satisfied, by direct evidence or by
evidence supporting a presumption of death, that the person is, or
may be presumed to be, dead.
(2) A grant of probate of the will, or administration of the estate, of a
person made upon direct evidence of the death of the person or
upon evidence supporting a presumption of the death of the person
is valid notwithstanding that the person is, after the day on which
the grant was made, found to have been alive on that day.
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Part III Grant of representation
Division 1 Jurisdiction of the Court
Administration and Probate Act 1969 4
16 Grant on presumption of death
(1) Where the Court makes a grant of probate of the will, or
administration of the estate, of a person upon evidence supporting
a presumption of the death of the person:
(a) the grant shall be expressed to be made on presumption of
the death of the person;
(b) the estate of the person shall not be distributed without the
leave of the Court;
(c) the Court may, in the probate or administration or by an order
made at any time, give leave to distribute the estate;
(d) the Court may, in giving leave to distribute the estate of the
person, direct that the distribution shall not be made unless
each person who is to take under the distribution gives an
undertaking or security that he or she will, if the probate or
administration is revoked, restore the property received by him
or her under the distribution to the person entitled to it, or pay
to that person an amount equal to the value of that property;
and
(e) the Court may direct the executor or the administrator to give,
before he or she distributes the estate, such notices (including
a notice specifying a date before which a caveat against the
distribution of the estate may be lodged with the Registrar) as
the Court thinks fit.
(2) Where an executor or administrator of an estate has given the
notices that the Court has, under subsection (1), directed him or her
to give before distributing the estate, the executor or administrator:
(a) may, subject to subsection (3), after the expiration of the
period specified in the notices, distribute the estate among the
persons entitled to it, having regard only to the claims of which
the executor or administrator has notice at the time of the
distribution; and
(b) is not liable, in respect of any part of the estate so distributed,
to a person entitled to that part of whose claim he or she did
not have notice at the time of the distribution.
(3) Where a caveat against the distribution of an estate has been
lodged with the Registrar under subsection (1):
(a) the executor or administrator shall not distribute the estate
among the persons entitled to it except in pursuance of an
order of the Court under subsection (4); and
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Part III Grant of representation
Division 1 Jurisdiction of the Court
Administration and Probate Act 1969 5
(b) the executor or administrator, the person who lodged the
caveat or a person interested in the distribution of the estate
may make application to the Court for an order under
subsection (4).
(4) The Court may, upon application under subsection (3)(b), make an
order authorizing the executor or administrator of an estate to
distribute the estate among the persons entitled to it
notwithstanding the lodging of a caveat under subsection (1).
(5) An order under subsection (4) may authorize the distribution of the
estate subject to such conditions as the Court thinks fit.
(6) Where, in relation to the enforcement of an undertaking or security
given under subsection (1), a dispute arises as to the value of any
property received under a probate or administration that is revoked,
the Court may, upon application by any person affected by the
undertaking or security, make such order in respect of the property
as it thinks fit.
(7) The Court may upon application by a person who has given an
undertaking or security under subsection (1) or the executor or
administrator of the estate of such a person, make such order for
the termination or modification of the obligations under the
undertaking or security as it thinks fit.
17 When probate may be issued by Registrar
(1) Subject to the provisions of this section, probate or administration
may, upon application to the Registrar, supported by affidavits upon
which for the time being the Court would, in the opinion of the
Registrar, grant the probate or administration, be issued by the
Registrar as of course in the name and under the seal of the Court,
and every such probate or administration shall be deemed to have
been granted by the Court.
(2) The Registrar shall not, without an order of the Court, issue probate
of the will, or administration of the estate, of a deceased person:
(a) in any case where a caveat has been lodged;
(b) in any case where there is no direct evidence of the death of
the person but only evidence supporting a presumption of the
death of the person; or
(c) in any case in which it appears to the Registrar to be doubtful
whether the probate or administration should be granted.
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Part III Grant of representation
Division 1 Jurisdiction of the Court
Administration and Probate Act 1969 6
(3) Whenever the Court makes an order for the grant of probate or
administration, the probate or administration shall be issued by the
Registrar in the name and under the seal of the Court.
18 Sealing of probate and letters of administration
The seal of the Court shall not be affixed to any probate or letters of
administration until all duties and fees payable under any law in
force in the Territory have been paid or security has been given in
accordance with any such law for payment of such duties and fees.
19 Grant to one executor reserving leave to others to apply
The Court may, if it thinks fit, grant probate to one or more of the
executors named in a will reserving leave to the executor who has
not renounced, or the executors who have not renounced, to come
in and apply for a grant of probate at a future time.
20 Court may grant probate to Public Trustee named as executor
Where a deceased person has named the Public Trustee of a State
or Territory of the Commonwealth as an executor of his or her will,
the Court may grant probate of the will to that Public Trustee.
21 Practice as to granting administration of real and personal
estate
Subject to this Act and the Rules, the practice and procedure with
reference to the granting of administration of the personal estate of
an intestate shall be applicable, so far as may be, to the granting of
administration of the real estate, and administration of both real and
personal estate may be granted in and by the same letters.
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.
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Part III Grant of representation
Division 1 Jurisdiction of the Court
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.
23 Administration bond to be given
The Registrar may order a person to whom a grant of
administration is made to enter into, and file with the Registrar, a
bond with a surety for duly collecting, getting in and administering
the estate of a deceased person and before the issue of the
administration the person shall enter into and file the bond
accordingly.
26 Probate or administration may be revoked or further bond
required
(1) At any time after probate of the will, or administration of the estate,
of a deceased person has been granted, the Court may, upon the
application of a person who is interested in the estate, revoke the
probate or administration, as the case may be.
(2) At any time after administration of the estate of a deceased person
has been granted, the Court may, upon the application of a person
who is interested in the estate, order the administrator of the estate
to execute a bond, or an additional bond, as the case may be, of
such amount and within such time as the Court thinks fit and with
one surety, being an insurance company approved by the Minister.
(3) If an administrator fails to comply with the terms of an order made
under subsection (2), the Court may remove the administrator and
appoint another person to be an administrator of the estate in his or
her place.
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Part III Grant of representation
Division 1 Jurisdiction of the Court
Administration and Probate Act 1969 8
(4) Where the Court has removed an administrator of an estate under
subsection (3) and appointed another person to be an administrator
of the estate in his or her place, any contract, made before the date
on which the administrator was so removed, in respect of which the
administrator so removed was, in his or her capacity of
administrator of the estate, a party shall, on and after that date, be
read and construed, and may be enforced, as if references in the
contract to the administrator so removed were references to the
administrator so appointed in his or her place.
27 Application by surety for relief
If, upon application by a surety to an administration bond, it appears
to the Court that:
(a) the estate is being wasted, or is in danger of being wasted; or
(b) the surety is being in any way prejudiced, or in danger of
being prejudiced, by the act or default of the person
administering the estate,
the Court may grant such relief as it thinks fit.
28 Renunciation or non-appearance by executor
Where:
(a) any person renounces probate of the will of which he or she is
appointed an executor;
(b) an executor appointed in a will survives the testator but dies
without having taken probate; or
(c) an executor named in a will is personally cited to take probate
and does not appear to the citation,
the right of that person in respect of the executorship shall wholly
cease, and the representation of the testator and the administration
of his or her estate shall, without any further renunciation, go,
devolve, and be committed in like manner as if that person had not
been appointed executor.
29 Renunciation, &c., by person appointed both executor and
trustee of will
If a person who is appointed by will both executor and trustee
thereof renounces probate or after being duly cited fails to apply for
probate, the renunciation or failure shall be deemed to be a
disclaimer of the trust contained in the will.
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Part III Grant of representation
Division 1 Jurisdiction of the Court
Administration and Probate Act 1969 9
30 Administration to guardian of infant sole executor
(1) Where an infant is sole executor, administration with the will
annexed may be granted to:
(a) the guardian of that infant; or
(b) such other person as the Court thinks fit,
until the infant has attained the age of 18 years, with full or limited
powers to act in the premises until probate has been granted to the
executor or administration has been granted to some other person.
(2) The person to whom that administration is granted shall have the
same powers vested in him or her as an administrator by virtue of
an administration granted to him or her durante minore aetate of the
next of kin.
31 Administration to be granted to attorney in certain cases
(1) When any person named as executor, or any spouse, de facto
partner or next of kin entitled to probate or administration, is out of
the jurisdiction, but has some person within the jurisdiction
appointed under power of attorney to act for him or her respectively,
administration may be granted to that attorney, but on behalf of the
person entitled thereto, and on such terms and conditions as the
Court thinks fit.
(2) Where administration has been granted, under subsection (1), to an
attorney appointed under a power of attorney, unless the grant
otherwise provides, the grant continues in force notwithstanding the
death of the donor of the power of attorney.
32 Administration pendente lite and receiver
(1) The Court may:
(a) pending any suit touching the validity of the will of any
deceased person, or for obtaining, recalling or revoking any
probate or any grant of administration; or
(b) during a contested right of administration,
appoint an administrator of the personal estate and the same or any
other person to be receiver of the real estate of any deceased
person, with such full or limited powers, and with or without a bond
or sureties, as the Court thinks fit.
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Part III Grant of representation
Division 1 Jurisdiction of the Court
Administration and Probate Act 1969 10
(2) The Court may make such orders for the remuneration of the
administrator or receiver out of the personal and real estate of the
deceased person as it thinks right.
33 Power as to appointment of administrator
The Court may, in any case where a person dies:
(a) intestate;
(b) leaving a will, but without having appointed an executor
thereof; or
(c) leaving a will and having appointed an executor thereof, who:
(i) is not willing and competent to take probate; or
(ii) is resident out of the Territory,
if it thinks it necessary or convenient, appoint some person to be
the administrator of the estate of the deceased person or of any
part of the estate, upon his or her giving such security (if any) as
the Court directs, and every such administration may be limited as
the Court thinks fit.
34 Proceeding where executor neglects to prove will
(1) In any case where the executor named in a will:
(a) neglects or refuses to prove the will or to renounce probate
thereof within 3 months from the death of the testator or from
the time of the executor attaining the age of 18 years; or
(b) is unknown or cannot be found,
the Court may, upon the application of:
(c) any person interested in the estate;
(d) a professional personal representative; or
(e) any creditor of the estate,
order that probate of the will be granted to the executor or order
that administration with the will annexed be granted to the applicant
or make such other order for the administration of the estate as it
thinks fit.
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Part III Grant of representation
Division 1 Jurisdiction of the Court
Administration and Probate Act 1969 11
35 Issue of special letters of administration
If, at the expiration of 6 months from the death of any person, the
executor to whom probate has been granted or the administrator is
then residing out of the Territory, the Court may, upon the
application of any creditor, legatee, next of kin or professional
personal representative grant to the person so applying special
letters of administration of the estate of the deceased person,
nevertheless to cease upon an order being made under section 37.
36 Special administrator to make certain affidavits
The person applying for any such special grant shall satisfy the
Court by affidavit that the executor or administrator of the estate of
the deceased person is resident out of the Territory, and that:
(a) the applicant is thereby delayed in recovering or obtaining
payment of moneys or the possession of goods and chattels
or real estate, to which he or she is by law entitled; or
(b) the estate is liable to loss or waste.
37 On return of original executor or administrator special
administration to be rescinded
(1) On the return within the Territory of the executor to whom probate
has originally been granted, or the administrator, the executor or
administrator may apply to the Court to rescind the special grant of
administration.
(2) The Court, on the hearing of the application, may make an order to
rescind the special grant of administration upon such terms and
conditions as to security, costs, or otherwise as to the Court appear
reasonable, and thereafter the original probate or administration
shall be and remain as valid and effectual as if the special grant of
administration had not been made.
38 Accounting by special administrator
Upon any order being made by the Court for the rescission of any
grant of special administration, the special administrator shall be
bound duly to account to the original executor or administrator, and
to pay over all moneys received by him or her as such special
administrator and then remaining in his or her hands undisposed of,
as the Court may order.
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Part III Grant of representation
Division 1 Jurisdiction of the Court
Administration and Probate Act 1969 12
39 Liability of executor or administrator neglecting to apply for
rescission of special administration
If the executor or administrator neglects to apply for an order for the
rescission of the special administration, he or she shall,
notwithstanding that the special administration remains
unrescinded, be liable to answer and make good all claims and
demands against the estate of the deceased person to the extent of
the assets which have come to his or her hands or which might
have come to his or her hands but for his or her wilful neglect, or
default, including the neglect mentioned in this section.
40 Revocation of grants not to prejudice actions or suits
If, while any legal proceeding is pending in any court by or against
any executor or administrator lawfully acting as such, the grant of
probate or administration is revoked or rescinded, that court under
its rules of procedure may provide that the proceeding be continued
by or against the new personal representative in like manner, as if
the proceeding had been originally commenced by or against him
or her, but subject to such conditions and variations (if any) as that
court directs.
41 Discharge or removal of executor or administrator
(1) Notwithstanding anything contained in any law in force in the
Territory, where an executor or administrator to whom
representation has been granted, or where an administrator who
has been appointed under this section:
(a) remains out of the Territory for more than 2 years;
(b) desires to be discharged from his or her office of executor or
administrator; or
(c) after the grant or appointment, refuses, or is unfit, to act in the
office, or is incapable of acting therein,
the Court may upon application order the discharge or removal of
that executor or administrator, and the appointment of some proper
person as administrator in place of the executor or administrator so
discharged or removed, upon such terms and conditions as the
Court thinks fit, and may make all necessary orders for vesting the
estate in the new administrator, and as to accounts, and such order
as to costs, as the Court thinks fit.
(2) Notice of the application shall be served on such persons, if any, as
the Court directs.
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(3) An executor or administrator so removed or discharged shall, from
the date of the order, cease to be liable for acts and things done
after that date.
(4) Upon the appointment of the new administrator the property and
rights vested in, and the liabilities properly incurred in the due
administration of the estate by, the executor or administrator so
discharged or removed, shall become and be vested in, and
transferred to, the new administrator, who shall, as such, have the
same privileges, rights, powers, duties, discretions and liabilities, as
if probate or administration had been granted to him or her
originally.
42 Revocation of grant of person living at the date of the grant
(1) Where the Court is satisfied that a person was living at the time
when probate of his or her will, or administration of his or her
estate, was granted by the Court, the Court:
(a) shall revoke the grant on such terms, if any, as the Court
thinks fit with respect to proceedings which have been
commenced by or against the executor or administrator or with
respect to costs or any other matter; and
(b) may at any time, whether before or after the revocation of the
grant, make such orders as the Court thinks fit for the
protection of the estate, including an order for an injunction
against the executor or administrator or another person and
an order for the appointment of a receiver.
(2) An application to the Court for the revocation, under subsection (1),
of a grant of probate of the will, or administration of the estate, of a
person may be made:
(a) by the person; or
(b) if the person has died since the grant – by any person entitled
to apply for a grant of probate of the will, or administration of
the estate, of the person or by a person interested in the
estate of the person.
43 Effect of revocation of grant
(1) Where a grant of probate or administration has been revoked under
this Act:
(a) the executor or administrator to whom the grant was made
shall account to the Court for the property that he or she has
received, or that has vested in him or her, as such executor or
administrator, and the Court may make such orders as it
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thinks fit with respect to the disposal by the executor or
administrator of so much of that property as remains in his or
her hands;
(b) the executor or administrator is not liable in respect of property
that he or she has disposed of under the grant in good faith
before the revocation of the grant if he or she complied with
the provisions of section 16 in and in relation to the disposing
of that property;
(c) the revocation of the grant does not, of its own force,
invalidate a disposal of property made by, or to, the executor
or administrator before the revocation of the grant;
(d) an action does not lie against the Registrar-General for loss
suffered by any person in consequence of the registration of a
dealing with land under the provisions of the Land Title
Act 2000 being a dealing lawfully made by the executor or
administrator before the revocation of the grant; and
(e) the Court may make such vesting orders as it thinks fit.
(2) This section does not affect:
(a) any entitlement of an executor or administrator to commission,
or to any protection, indemnity, reimbursement or right under
any other provision of this Act; or
(b) the right of a person to follow an asset into the hands of the
person to whom it was distributed or who has received it.
Division 2 Caveats
44 Caveat may be lodged
Subject to and in accordance with the Rules, a person may, at any
time before the granting of representation, lodge with the Registrar
a caveat against an application for representation.
Division 3 Effect of grant of representation
49 Estate vests in Public Trustee on person's death
Upon the death of a person, his or her real and personal property
vests in the Public Trustee until:
(a) it vests in the Public Trustee or other executor or administrator
of the deceased person's estate in pursuance of this or any
other Act; or
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(b) it is taken to vest in the Public Trustee or other professional
personal representative under Part IV, Division 2.
50 Public Trustee may act before property vests in executor or
administrator
(1) Until property vested in the Public Trustee under section 49 vests or
is taken to vest in accordance with section 49(a) or (b), the Public
Trustee may, if he or she thinks fit, exercise the powers and
perform the duties in relation to the property that he or she would
have been authorised to exercise and perform if the deceased had
died intestate and the Public Trustee had been granted
administration of the estate.
(2) When acting under this section, the Public Trustee must not:
(a) distribute any property to a beneficiary of the estate;
(b) sell, lease, exchange, mortgage or partition any portion of the
real property of the estate unless ordered to do so by the
Court on the application of the Public Trustee or another
person; or
(c) sell any personal property without an order of the Court unless
the property is of a perishable nature or liable to deteriorate or
is for any other reason liable to decrease unduly in value if
retained.
(3) A decision by the Public Trustee when acting under this section that
personal property is of a perishable nature or is liable to deteriorate,
or is for any reason liable to decrease unduly in value if retained, is
conclusive and binding upon all persons.
(4) All costs, charges and expenses incurred by the Public Trustee
when acting under this section is a first charge upon the property of
the deceased person.
(5) If the property of the deceased person vests or is taken to vest in
accordance with section 49(a) or (b) on an executor or
administrator other than the Public Trustee, he or she must enter
into an appropriate agreement with the Public Trustee for the
payment of any costs referred to in subsection (4).
(6) The Public Trustee acting under this section is not liable as an
executor de son tort.
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51 Public Trustee to give notice of intention to act
(1) Before the Public Trustee first acts under section 50 in respect of
an estate, he or she must serve a notice under this section on any
person that he or she knows of who would be entitled to apply for
representation of the estate.
(2) A notice served under this section is to be in the form the Public
Trustee thinks fit and is to state that the Public Trustee intends to
act under section 50 unless the person to whom the notice is
directed applies for representation of the estate and that the Public
Trustee will be entitled to act under that section if the person:
(a) does not, within a period of 21 days after service, advise the
Public Trustee in writing that the person intends to apply for
representation; or
(b) having advised the Public Trustee in accordance with
paragraph (a):
(i) fails to apply to the Court within 14 days of giving that
advice; or
(ii) makes an application to the Court and is not successful
in obtaining representation.
(3) If the person served with a notice under this section fails to advise
the Public Trustee in accordance with subsection (2)(a), or fails to
obtain representation for a reason specified in subsection (2)(b), the
Public Trustee may act under section 50 unless the Court orders
otherwise.
(4) If more than one person is entitled to apply for representation of an
estate, it is sufficient for the Public Trustee to serve a notice under
this section on only one of those persons.
(5) If the Public Trustee is of the opinion that the delay in acting under
section 50 caused by the requirement to give notice under this
section would cause detriment to an estate, or to the interest of a
creditor or beneficiary of the estate, the Public Trustee may act
immediately under that section.
52 Real and personal estate to vest in executor or administrator
Upon the grant of representation of the estate of any deceased
person, all the property whether real or personal which the person
has left within the Territory, and which is unadministered at the date
of the grant, shall, as from the death of that person, pass to and
become vested in the executor to whom probate has been granted
or the administrator (as the case may be) for all his or her estate
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and interest therein in the manner following, that is to say:
(a) on testacy, in the executor or administrator with the will
annexed;
(b) on intestacy, in the administrator; and
(c) on partial intestacy, in the executor or administrator with the
will annexed.
53 Real estate held in trust
All real estate held by any person in trust or by way of mortgage,
and vesting in pursuance of section 52, shall vest in his or her
executor or administrator, subject to the trusts and equities affecting
the estate.
54 Property of deceased person to be assets
(1) The real, as well as the personal, estate of every deceased person
shall be assets in the hands of his or her executor to whom probate
has been granted, or his or her administrator, for the payment of all
duties and fees, and for the payment of his or her debts in the
ordinary course of administration.
(2) The executor or administrator for purposes of administration, may,
subject to the provisions of sections 80 and 82, sell that real estate,
or mortgage it with or without a power of sale, and convey it to a
purchaser or mortgagee in as full and effectual a manner in law as
the deceased person could have done in his or her lifetime.
55 Property of deceased person liable for debts
(1) The real and personal property of a deceased person, to the extent
of his or her beneficial interest in it, and the real and personal
property (if any) disposed of by the person's will (whether made
before or after the commencement of this Act) in exercise of a
general power, are assets for the payment of the funeral,
testamentary and administrative expenses, the debts and the
liabilities of the person.
(2) If a person:
(a) on whom a beneficial interest in any property referred to in
subsection (1) devolves;
(b) to whom such an interest is given; or
(c) in whom such an interest vests,
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disposes of the interest or of a part of the interest in good faith
before a proceeding is taken or process is sued out against him or
her, the person is personally liable for the value of the interest or
part so disposed of by him or her, but the interest or part is not
liable to be taken in execution in the proceedings or under the
process.
56 Appointments by will under general power
(1) Where a provision contained in the will of a deceased person
operates as an appointment under a general power to appoint by
will, the property, whether real or personal, that passes by virtue of
the provision vests in the executor or administrator as if the testator
had been entitled to the property at his or her death, whether or not
he or she was so entitled for an estate or interest determining on
his or her death or for any other estate or interest.
(2) Where a provision contained in the will of a person who died on or
after 1 January, 1911, but before the commencement of this Act,
operated as an appointment under a general power to appoint by
will, the property, whether real or personal, that passed by virtue of
the provision shall be deemed to have vested in the executor or
administrator as if that property had been vested in the testator at
the time of his or her death whether or not he or she was entitled to
it for an estate or interest determining on his or her death or for any
other estate or interest.
(3) Subsection (2) does not affect:
(a) a right or title that accrued, before the commencement of this
Act, under a disposition by an appointee which, but for that
subsection, would be valid; or
(b) the operation of section 52.
57 Administration of assets
(1) Where the estate of a deceased person is sufficient for the payment
in full of all the expenses, debts and liabilities payable from the
estate, his or her real and personal property is, subject to the
provisions of his or her will, if any, and to any law in force in the
Territory as to charges on property, applicable in the order set out
in Part I of Schedule 4 for the payment of the expenses, debts and
liabilities payable from the estate.
(2) Where the estate of a deceased person is insufficient for the
payment in full of all the expenses, debts and liabilities payable
from the estate, his or her real and personal property shall, subject
to the Bankruptcy Act 1966 of the Commonwealth, be administered
in accordance with the rules set out in Part II of Schedule 4.
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58 Application of income of settled residuary estate
(1) Where a deceased person leaves a will containing a residuary gift
by virtue of which real or personal property is settled by way of
succession, this section applies to and in relation to the income
derived from that property.
(2) The income to which this section applies is not applicable in
payment of:
(a) the funeral, testamentary or administrative expenses payable
from the estate of the person;
(b) the debts or liabilities of the person;
(c) any interest that accrued on any such debts or liabilities before
the death of the person; or
(d) any legacies bequeathed by the will of the person.
(3) The income to which this section applies is applicable in payment of
the interest (if any) that accrues:
(a) on the funeral, testamentary or administrative expenses
payable from the estate of the person;
(b) after the death of the person, on the debts or liabilities of the
person; or
(c) on any legacies bequeathed by the will of the person,
before payment, and the income is so applicable in priority to any
other assets in the estate of the person.
(4) Subject to subsection (3), the income to which this section applies
is payable to the person for the time being entitled to the income
from the settled property.
(5) Where, in the final adjustment of the estate of a deceased person
among the persons entitled to share in the distribution of the estate:
(a) property (other than property referred to in subsection (1)) is
treated as if it had been used in the proper order in payment of
the funeral, testamentary and administrative expenses, or of
the debts and the liabilities of the estate, or of any legacies
bequeathed by the will of the deceased person although it was
not in fact so used; and
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(b) income was earned by that property after the death of the
person but before the property was so used or was deemed to
have been so used,
that income shall, for the purposes of this section, be deemed to be
income to which this section applies.
(6) This section:
(a) does not affect the rights of a creditor of the estate; and
(b) applies, subject to the provisions of the will of the deceased
person and of any law in force in the Territory, with respect to
charges on the property of a deceased person.
59 Real estate to be held upon trusts of will
Subject to the provisions of this Part, the real estate of every
deceased person devising that estate by his or her will, shall be
held by his or her executor to whom probate has been granted, or
the administrator with the will annexed, according to the trusts and
dispositions of the will.
60 Rights of executor as to real estate
The executor or the administrator to whom probate has been
granted shall have the same rights, and be subject to the same
duties, with respect to the real estate of the deceased person, as
executors or administrators have or are subject to with reference to
personal estate.
60A Evidentiary effect of probate and letters of administration
(1) The probate of any will or letters of administration with the will
annexed is evidence of the due execution of the will for all
questions concerning either real or personal estate.
(2) 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.
(3) The probate of any will or letters of administration is evidence of the
death and the date of the death of the testator or intestate.
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Division 4 Distribution of intestacy
61 Interpretation
(1) In this Division, unless the contrary intention appears:
intestate means a deceased person who either does not leave a
will or leaves a will but does not dispose effectively, by the will, of
the whole or part of his or her real or personal property.
intestate estate, in relation to an estate, means:
(a) in the case of an intestate who leaves a will – the real and
personal property of the intestate that is not effectively
disposed of by the will; or
(b) in any other case – the real and personal property of the
intestate.
personal chattels, in relation to an intestate, means:
(a) the articles of household or personal use or adornment, plated
articles, china, glassware, pictures, prints, linen, jewellery,
clothing, books, musical instruments or apparatus, scientific
instruments or apparatus, wines, liquors, consumable stores
and domestic animals of the intestate; and
(b) the motor cars and accessories of the intestate,
but does not include:
(c) any chattels of the intestate used exclusively for business
purposes; or
(d) money and securities for money of the intestate.
personal representative, in relation to an intestate, means the
executor of the will, or the administrator of the estate, of the
intestate, as the case requires.
(2) For the purposes of this Division:
(a) each spouse shall be regarded as a separate person; and
(b) in ascertaining relationship it is immaterial whether the
relationship is of the whole blood or the half blood.
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62 Executor, &c., to hold property on trust, &c.
The personal representative of an intestate holds, subject to his or
her rights, powers and duties for the purposes of administration, the
intestate estate on trust for the persons entitled to it in accordance
with the succeeding provisions of this Division or the provisions of
Division 4A.
63 Provisions relating to persons who at the date of death of the
intestate are infants
(1) Where a person who is entitled, under the provisions of this
Division, to the whole of, or a share in, the intestate estate of an
intestate has not attained, at the date of death of the intestate, the
age of 18 years and is not married, the person is entitled to take the
intestate estate, or the share in the intestate estate, beneficially,
upon his or her attaining the age of 18 years or marrying before
attaining that age.
(2) Where a person to whom subsection (1) applies dies before
attaining the age of 18 years and without having married, this
Division applies in relation to the intestate estate of the intestate as
if the person had died before the intestate.
(3) This section does not affect the operation of a law in force in the
Territory authorizing expenditure for the maintenance,
advancement or benefit of a person under the age of 18 years out
of property held on trust for, or for the benefit of, the person and, if
property forming part of the intestate estate is expended for the
maintenance, advancement or benefit of such a person and that
person dies before attaining that age and without having married,
the intestate estate shall, for the purposes of this Division, be
deemed to have been reduced by the amount so expended.
64 Presumption of survivorship not to apply
Where an intestate and his or her spouse or de facto partner have
died in circumstances rendering it uncertain which of them survived
the other, this Division applies, as to the persons entitled to the
intestate estate, as if the spouse or de facto partner had not
survived the intestate.
65 Estate by courtesy or right of dower not to arise
An estate by courtesy or right of dower or an equivalent estate does
not arise out of the real property as to which a person dies
intestate.
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66 Distribution of intestate estate on intestacy
(1) The person or persons entitled to take an interest in the intestate
estate of an intestate, and the interest in that estate that that person
is or those persons are entitled to take shall, subject to this Division,
be ascertained by reference to Schedule 6 according to the facts
and circumstances existing in relation to the intestate.
(2) Where an intestate is survived by his or her spouse or a de facto
partner, his or her intestate estate shall be taken, for the purposes
of Schedule 6 and subsection (1), not to include any personal
chattels of the intestate.
(3) For the purposes of Schedule 6, the value of the intestate estate of
an intestate shall be ascertained by deducting from the gross value
of that intestate estate an amount equal to such of the debts and
liabilities of the estate, the funeral and testamentary expenses, the
costs and expenses of administering the estate and the estate
duties, succession duties and other duties and fees payable in
relation to the estate as are payable out of that intestate estate.
(4) Where a paragraph of Schedule 6 provides for the payment of a
sum out of the estate of an intestate and then provides for the
payment of an additional sum equal to a particular proportion of the
value of the balance of the intestate estate, the value of the balance
of the intestate estate shall be ascertained for the purposes of that
paragraph by ascertaining the value of the intestate estate in the
manner provided by subsection (3) and deducting from that value
the first-mentioned sum.
(5) For the purposes of Schedule 6:
(a) the brothers and sisters of an intestate;
(b) the grandparents of an intestate;
(c) the brothers and sisters of a parent of an intestate; and
(d) the issue of any of those brothers or sisters who predeceased
the intestate,
are the next of kin of the intestate.
67 Right of spouse or de facto partner to personal chattels
(1) This section applies to the personal chattels of an intestate so far
as not effectively disposed of by his or her will (if any), and has
effect subject to section 67A.
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(2) Where the intestate is survived either by a spouse or by a de facto
partner, but not by both, the surviving spouse or de facto partner,
as the case may be, is entitled to the personal chattels absolutely.
(3) Where the intestate is survived by both a spouse and a de facto
partner:
(a) the de facto partner is entitled to the personal chattels
absolutely if:
(i) he or she was the de facto partner of the intestate for a
continuous period of not less than 2 years immediately
preceding the intestate's death, and the intestate did not
at any time during that period live with the person to
whom he or she was married; or
(ii) the intestate is also survived by issue of the intestate
and the de facto partner; and
(b) except where paragraph (a) applies, the spouse is entitled to
the personal chattels absolutely.
67A Intestate Aboriginals survived by more than one spouse
Where an intestate Aboriginal is survived by more than one spouse,
the whole or that part of the intestate estate, as the case may be,
passing to the spouse of the intestate by force of section 66(1) and
the value of the personal chattels of the intestate passing to the
spouse by force of section 67 shall be divided into a number of
parts equal to the number of spouses of that intestate and each
spouse of the intestate is entitled to one of those parts of the estate
and chattels.
68 Manner of distribution to issue
(1) Where an intestate is survived by issue who are entitled to the
whole or a part of his or her intestate estate:
(a) if only one child of the intestate survives the intestate – that
person is entitled to the whole, or that part, of the intestate
estate, as the case may be;
(b) if the intestate is survived by the issue of his or her child or
one of his or her children but by no other issue – those issue
are entitled to the whole, or that part, of the intestate estate,
as the case may be, through all degrees according to their
stocks, and, if there are more than one issue, in equal shares;
or
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(c) in any other case – the whole or that part of the intestate
estate shall be divided into a number of parts ascertained in
accordance with subsection (2) and:
(i) each child (if any) of the intestate who survived the
intestate is entitled to one of those parts; and
(ii) the issue of each child (if any) of the intestate who died
before the intestate leaving issue who survived the
intestate are entitled to one of those parts through all
degrees, according to their stocks, and, if there are more
than one issue, in equal shares.
(2) The number of parts for the purposes of subsection (1)(c) is a
number equal to the sum of:
(a) a number equal to the number of children (if any) of the
intestate who survived the intestate; and
(b) a number equal to the number of children (if any) of the
intestate who died before the intestate leaving a child or
remoter issue who survived the intestate.
(3) Where:
(a) an intestate has, within the period of 5 years immediately
before his or her death, paid any money, or transferred or
assigned any property, to or for the benefit of his or her child,
or settled any money or property for the benefit of his or her
child, by way of advancement or on marriage of the child; and
(b) his or her intestate estate, or a part of his or her intestate
estate, is divisible between the child, or the issue of the child,
and other issue of the intestate,
the money or property shall be taken to have been paid,
transferred, assigned or settled in or towards satisfaction of the
share that the child will become entitled to take, or would become
entitled to take if he or she were to survive the intestate, as the
case may be, in the intestate estate or the part of the intestate
estate unless:
(c) the contrary intention was expressed or appears from the
circumstances of the particular case; or
(d) the value, as at the date of death of the intestate, ascertained
in accordance with the requirements of the personal
representative of the intestate, of all the money so paid or
settled, of all the property so transferred, assigned or settled
or all that money and property, or of so much of all that money
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or property, or money and property, in respect of which such a
contrary intention was not expressed or did not appear, does
not exceed 10 000 monetary units.
(4) Where any money or property is taken to have been paid,
transferred, assigned or settled, in accordance with subsection (3),
in or towards satisfaction of the share of a child of an intestate, the
money or property shall be brought into account, at a valuation, as
at the date of death of the intestate, in accordance with the
requirements of the personal representative of the intestate, in
calculating the share that the child or the issue of the child, as the
case may be, is entitled to take under this Division in the intestate
estate or a part of the intestate estate.
69 Manner of distribution to next of kin
(1) Where, by virtue of this Act, the next of kin of an intestate are
entitled to his or her intestate estate, the persons entitled to that
intestate estate shall be ascertained in accordance with the
following paragraphs:
(a) the brothers and sisters of the intestate who survived the
intestate, and the issue of a brother or sister of the intestate
who died before the intestate, being issue who survived the
intestate, are entitled to the intestate estate;
(b) if the intestate is not survived by any persons entitled to the
intestate estate under paragraph (a) but is survived by one or
more of his or her grandparents, the grandparent is entitled to
the intestate estate or the grandparents are entitled to the
intestate estate in equal shares, as the case requires; and
(c) if the intestate is not survived by any persons entitled to the
intestate estate under paragraphs (a) and (b), the uncles and
aunts of the intestate who survived the intestate and the issue
of such an uncle or aunt who died before the intestate, being
issue who survived the intestate, are entitled to the intestate
estate.
(2) The intestate estate of an intestate shall be divided amongst the
brothers and sisters or the uncles and aunts of the intestate, and
the issue of those brothers or sisters, or uncles or aunts, who died
before the intestate, in the same manner as the intestate estate
would have been divided amongst those persons if the brothers and
sisters or the uncles and aunts, as the case may be, had been
children of the intestate and the issue of a brother, sister, uncle or
aunt who died before the intestate had been issue of a child of the
intestate who died before the intestate.
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Division 4 Distribution of intestacy
Administration and Probate Act 1969 27
70 Partial intestacies
(1) Where a beneficial interest in the real or personal property (other
than personal chattels) of an intestate is acquired under a will of the
intestate by a spouse or de facto partner of the intestate who, but
for this section, would be entitled to an interest in the intestate's
intestate estate by virtue of Schedule 6, then:
(a) the person or persons entitled to take an interest in the
intestate estate; and
(b) the interest in that estate which that person or those persons
is or are entitled to take,
shall be ascertained by reference to this section, with Schedule 6
applying only to the extent that this section so provides.
(2) Where the intestate is not survived by issue or a parent, a brother
or sister or the issue of a brother or sister – the spouse or de facto
partner is entitled to the whole of the intestate estate.
(3) Where the intestate is survived by issue:
(a) if the value of the beneficial interest that is acquired by the
spouse or de facto partner under the will does not exceed the
amount prescribed for the purposes of item 2 in Part I of
Schedule 6 – that item (including that item as applied by
Part II or III of Schedule 6) has effect as if references in it to
the prescribed amount or the prescribed sum were references
to the prescribed amount or the prescribed sum, as the case
may be, reduced by the value of that beneficial interest; or
(b) if the value of the beneficial interest that is acquired by the
spouse or de facto partner under the will exceeds the amount
prescribed for the purposes of item 3 in Part I of Schedule 6:
(i) the spouse or de facto partner is entitled to be paid out
of the intestate estate a sum equal to, if one child or the
issue of one child of the intestate but no other issue of
the intestate survives the intestate, one-half of the value
of the intestate estate or, in any other case, one-third of
the value of the intestate estate; and
(ii) the issue of the intestate are entitled to the balance of
the intestate estate after payment to the spouse or de
facto partner of the sum to which the spouse or de facto
partner is entitled under subparagraph (i).
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(4) Where the intestate is not survived by issue but is survived by a
parent, a brother or sister or the issue of a brother or sister:
(a) if the value of the beneficial interest that is acquired by the
spouse or de facto partner under the will does not exceed the
amount prescribed for the purposes of item 3 in Part I of
Schedule 6 – that item (including that item as applied by
Part II or III of Schedule 6) has effect as if references in it to
the prescribed amount or the prescribed sum were references
to the prescribed amount or the prescribed sum, as the case
may be, reduced by the value of that beneficial interest; or
(b) if the value of the beneficial interest that is acquired by the
spouse or de facto partner under the will exceeds the amount
prescribed for the purposes of item 3 in Part I of Schedule 6:
(i) the spouse or de facto partner is entitled to be paid out
of the intestate estate a sum equal to one-half of the
value of the intestate estate;
(ii) if the intestate is survived by one or both of his or her
parents (whether or not the intestate is also survived by
a brother or sister or the issue of a brother or sister) –
the surviving parent is entitled, or the parents are entitled
in equal shares, as the case may be, to the balance of
the intestate estate after payment to the spouse or de
facto partner of the sum to which the spouse or de facto
partner is entitled under subparagraph (i); and
(iii) if the intestate is not survived by a parent – the brothers
and sisters of the intestate who survive the intestate, and
the issue who survive the intestate of a brother or sister
of the intestate who died before the intestate, are entitled
to the balance of the intestate estate, after payment to
the spouse or de facto partner of the sum to which the
spouse or de facto partner is entitled under
subparagraph (i), in the shares in which he, she or they
would have been entitled to the intestate estate if the
intestate had not been survived by his or her spouse or
de facto partner.
(5) Section 66(3) applies for the purposes of subsections (3) and (4) in
like manner as it applies for the purposes of Schedule 6.
(6) Where a child of an intestate who is entitled to take an interest in
his or her intestate estate also acquires an interest under the will of
the intestate in the real or personal property of the intestate, the
interest to which the child is entitled under the will shall be brought
into account, at a valuation, as at the date of death of the intestate,
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Administration and Probate Act 1969 29
in accordance with the requirements of the personal representative
of the intestate, in calculating the interest that the child is entitled to
take under this Division in the intestate estate.
(7) For the purposes of this section, a beneficial interest in real or
personal property acquired by virtue of the exercise, by will, of a
general power of appointment, shall be taken to be an interest
acquired under that will.
Division 4A Intestate Aboriginals
71 Application
(1) This Division applies in respect of the intestate estate of an
intestate Aboriginal who:
(a) has not entered into a marriage that is a valid marriage under
the Marriage Act 1961 of the Commonwealth; and
(b) dies after the commencement of the Administration and
Probate Act 1979.
(2) In this Division intestate and intestate estate have the meanings
respectively ascribed thereto in Division 4.
71A Intestate estate not to include debts, &c.
For the purposes of this Division, the intestate estate of an intestate
does not include an amount equal to such of the debts and liabilities
of the estate, the funeral and testamentary expenses, the costs and
expenses of administering the estate and the estate duties,
succession duties and other duties and fees payable in relation to
the estate as are payable out of the intestate estate.
71B Applications for orders for distribution
(1) A person who claims to be entitled to take an interest in an intestate
estate of an intestate Aboriginal under the customs and traditions of
the community or group to which the intestate Aboriginal belonged
or a professional personal representative may apply to the Court for
an order under this Division in relation to the intestate estate.
(2) An application under subsection (1) shall be accompanied by a plan
of distribution of the intestate estate prepared in accordance with
the traditions of the community or group to which the intestate
Aboriginal belonged.
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71C Time for making applications
(1) Subject to subsection (2), an application under section 71B in
respect of an intestate estate shall be made within a period of
6 months after the date on which administration has been granted
in respect of the estate.
(2) The Court may, after hearing such of the persons affected as the
Court thinks necessary, extend the time in which an application
may be made under section 71B.
(3) An extension of time in pursuance of this section made be granted:
(a) upon such conditions as the Court thinks fit; and
(b) whether or not the time for making an application has expired.
(4) An application for an extension under this section of the time within
which an application under section 71B may be made shall not be
made after the intestate estate has been lawfully and fully
distributed.
(5) An application under section 71B shall, for the purposes of this
section, be deemed to have been made on the date upon which the
notice of motion or other document instituting the application is
filed.
71D Service of applications
(1) Where an application has been made to the Court under
section 71B in relation to an intestate estate, the applicant shall
cause notice of the application to be served on each person who is
an administrator of the intestate estate.
(2) The Court may:
(a) of its own motion, and either before or during the hearing of an
application under section 71B; or
(b) on application made by the applicant or by the administrator of
the intestate estate,
order that notice of the application be served on such person as the
Court thinks fit.
71E Distribution order
(1) Notwithstanding any other provision of this Act but subject to this
Division, the Court may order that an intestate estate or a part of an
intestate estate be distributed in the manner specified by the Court.
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(2) The Court shall, in making an order for the distribution of an
intestate estate under this Division, take into account:
(a) the plan of distribution prepared under section 71B(2); and
(b) the traditions of the community or group to which the intestate
Aboriginal belonged.
(3) The Court shall not make an order for the distribution of an estate
under this Division unless it is satisfied that to make the order
would, in all the circumstances, be just.
71F Property in respect of which distribution order may be made
(1) Subject to subsection (2), but notwithstanding any distribution of an
intestate estate made by the administrator of the estate before the
administrator had notice of an application under section 71B in
relation to the estate made within 6 months after the date on which
administration of the estate was granted, the Court may make an
order under this Division in respect of the property comprised in the
intestate estate that has been so distributed.
(2) The Court shall not make an order under subsection (1) if the
making of that order would affect or disturb a distribution that was a
proper distribution made for the purposes of providing for the
maintenance, education or advancement in life of a person who
was totally or partially dependent on the intestate Aboriginal
immediately before his or her death.
Division 5 Matrimonial home (including home of de facto
partner)
72 Definitions
(1) In this Division:
dwelling includes:
(a) a unit or building lot under the Unit Titles Act 1975; and
(aa) a unit under the Unit Title Schemes Act 2009; and
(b) a part of a building that is designed for occupation as a
permanent residence.
intestate, see section 61(1).
intestate estate, see section 61(1).
personal representative, see section 61(1).
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representation, in relation to an intestate, means probate of the
will, or administration (including administration with the will of the
intestate annexed) of the estate, of the intestate, as the case
requires.
(2) This Division does not apply to or in respect of the intestate estate
of an Aboriginal person who is survived by more than one spouse.
73 Right of spouse or de facto partner to have matrimonial home
appropriated
(1) Subject to the provisions of this Division, where the intestate estate
of an intestate who is survived by his or her spouse or de facto
partner comprises or includes an interest in a dwelling in which the
spouse or de facto partner of the intestate was residing at the date
of the intestate's death, the spouse or de facto partner may elect to
have that interest appropriated under section 81 in or towards the
satisfaction of any interest of the spouse or de facto partner in the
real and personal property of the intestate; and, if the spouse or de
facto partner so elects, the personal representative of the intestate
shall appropriate that interest accordingly.
(2) An election under this section may be exercised within a period of
one year after the date on which representation in the estate of the
intestate is granted by the Court or within such extended period as
the Court allows.
(3) Where:
(a) probate of a will of the intestate has been revoked on the
ground that the will be invalid;
(b) a question whether a person had an interest in the estate of
the intestate, or a question as to the nature of an interest
claimed in the estate of the intestate, had not been determined
at the time when administration of the estate was granted or
first granted, as the case may be; or
(c) the Court, for any other reason affecting the administration or
distribution of the estate, considers it proper to do so,
the Court may extend the period specified in subsection (2).
(4) An election by a spouse or de facto partner shall be furnished in
writing:
(a) if the spouse or de facto partner is not a personal
representative of the intestate – to the personal representative
or to each personal representative, as the case may be, of the
intestate;
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(b) if the spouse or de facto partner is one of the personal
representatives of the intestate – to the other personal
representative, or to each other personal representative, as
the case may be, of the intestate; or
(c) if the spouse or de facto partner is the sole personal
representative of the intestate – to the Registrar.
(5) An election is not revocable except with the consent of the personal
representative or of each personal representative, as the case may
be, of the intestate.
(6) A spouse or de facto partner may require the personal
representative of the intestate to have the interest in the dwelling
valued, and to inform him or her of the result of that valuation,
before deciding whether to exercise the right conferred by this
Division.
74 Interest in home to be valued
For the purposes of this Division, the value of the interest of an
intestate in a dwelling is the amount determined by a valuer, within
the meaning of the Valuation of Land Act 1963, engaged by the
personal representatives of the intestate to be the market value of
the interest.
75 Right not exercisable in case of certain tenancies
The right conferred by this Division is not exercisable where the
interest of the intestate in the dwelling is a tenancy:
(a) that will determine within a period of 2 years after the date of
death of the intestate; or
(b) that the landlord is, by notice given after the date of death of
the intestate, entitled to determine before the expiration of that
period.
76 Right not exercisable in certain other cases
Where:
(a) a dwelling forms part of a building and an interest in the whole
of the building is comprised in the intestate estate of an
intestate;
(b) a dwelling is held with agricultural land and an interest in the
agricultural land is comprised in the intestate estate of an
intestate;
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(c) the whole or part of a dwelling was, at the date of an
intestate's death, used as a hotel or boarding-house; or
(d) a part of a dwelling was, at the date of an intestate's death,
used for purposes other than domestic purposes,
the right conferred by this Division on the spouse or de facto
partner of the intestate in respect of the dwelling is not exercisable
by the spouse or de facto partner unless the Court, being satisfied
that the exercise of that right is not likely to:
(e) diminish the value of the assets (other than the interest in the
dwelling) in the intestate estate; or
(f) make those assets more difficult to dispose of,
orders that it be so exercisable.
77 Personal representative not to sell or dispose of interest
without consent
(1) A personal representative of an intestate is not authorized to sell or
otherwise dispose of the interest of the intestate in a dwelling in
which the spouse or de facto partner of the intestate was residing at
the date of the intestate's death during the period of one year after
the date on which representation in the estate of the intestate is
granted by the Court or, if that period is extended by the Court,
during that extended period without the consent in writing of the
spouse or de facto partner, except in the course of administration
owing to want of other assets or except with the approval of the
Court.
(2) Where on an application for an order under section 76 made by the
spouse or de facto partner or by the personal representatives of the
intestate, the Court does not order that the right conferred by
section 73 may be exercised by the surviving spouse or de facto
partner, the Court may approve the disposal of the interest in the
dwelling within the period of one year referred to in subsection (1).
(3) This section does not apply where the spouse or de facto partner of
the intestate is the sole personal representative, or one of 2 or more
personal representatives, of the intestate.
(4) Nothing in this section shall be taken to affect the validity of a sale
by the personal representatives of an intestate of any part of the
estate of the intestate.
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78 Rule that trustee not to purchase trust property
Where the spouse or de facto partner of an intestate is the sole
personal representative of the intestate or one of 2 or more
personal representatives of the intestate, he or she may,
notwithstanding that he or she is a trustee, acquire under this
Division the interest of the intestate in the dwelling in which the
spouse or de facto partner was residing at the date of the intestate's
death.
79 Surviving spouse or de facto partner under a legal disability
(1) Where the spouse or de facto partner of an intestate is a person
under a disability, other than an infant, a requirement or consent
under this Division may be made or given on his or her behalf by
his or her guardian, if any, or, where there is no such guardian, by
the Court.
(2) A requirement of consent made or given under this Division by a
surviving spouse or de facto partner who is an infant is as valid as it
would be if he or she had attained the age of 18 years.
Division 6 Rights, powers, duties and liabilities of executors
and administrators
80 Powers of executors and administrators as to sale, mortgage,
or lease of real estate
(1) Subject to this section, executors and administrators may, without
the consent of any person or the order of a court:
(a) sell or mortgage the real estate of the deceased person for
purposes of administration;
(b) sell the real estate of the deceased person as to which he or
she died intestate, for purposes of distribution or division
amongst the persons entitled;
(c) lease the real estate of the deceased person in possession for
any term not exceeding 3 years; or
(d) subject to subsection (4), raise, on the security of the whole or
any part of the intestate estate of the deceased person, any
sum required by the executors or administrators for the
purpose of paying to the spouse or de facto partner of the
person the share, or a part of the share, of the spouse in the
intestate estate of the person.
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(2) Any conditions may be imposed on the exercise of any such power
of sale, mortgage, lease or raising of any sum by an administrator,
and either generally or in the case of a particular sale, mortgage,
lease or raising of any sum, by Rules of Court, or by the Court in
the grant of administration (if any), or by other order.
(3) The Registrar shall write on the letters of administration, and on any
copy of the letters of administration issued by him or her, a certified
copy of any conditions imposed by the Court under subsection (2).
(4) The power conferred by subsection (1)(d) on the executors or
administrators of a deceased person is exercisable only in a case
where the deceased person is an intestate for the purposes of
Division 4.
(5) In this section, the intestate estate, in relation to a person who is
an intestate for the purposes of Division 4, has the same meaning
as in that Division.
(6) A purchaser, mortgagee, lessee or other person who for valuable
consideration acquires an interest in the estate of a deceased
person, or the Registrar-General or other person registering title
under any sale, mortgage or lease under this section, is not bound
to inquire whether the powers mentioned in subsection (1) or any of
them are being or have been exercised for the purposes specified
in that subsection, and the receipt of the executor or administrator
shall be a sufficient discharge, and shall exonerate the persons
paying the moneys from any responsibility for the application of the
moneys expressed to have been so received.
(7) Some or one only of several executors or administrators shall be
entitled to exercise those powers with the leave of the Court, and
not otherwise, and the Court may make such orders as it thinks fit
for the purpose of carrying out any such sale, mortgage, lease or
raising of any sum.
81 Powers of executors and administrators as to appropriation
(1) Subject to this section, the executor or administrator may, without
the consent of any person or the order of a court, appropriate any
part of the estate, including things in action, of the deceased
person, in its actual condition or state of investment at the time of
appropriation, in or towards satisfaction of any legacy bequeathed
by the deceased person or of any other interest or share in his or
her property, whether settled or not, as to the personal
representative seems just and reasonable according to the
respective rights of the persons interested in the property of the
deceased person.
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(2) An appropriation shall not be made under this section so as to
affect prejudicially any specific device or bequest.
(3) Subject to this section, an appropriation of property, whether or not
it is an investment authorized by law or by the will (if any) of the
deceased person for the investment of money subject to the trust
created by the will, shall not be made under this section except with
the following consents:
(a) when made for the benefit of a person absolutely and
beneficially entitled in possession – the consent of that
person;
(b) when made in respect of any settled legacy, share or
interest – the consent of either the trustee thereof, if any, (not
being also the executor or administrator) or the person who is
for the time being entitled to the income.
(4) If the person whose consent is required under subsection (3) is an
infant or a mentally defective person, the consent shall be given on
his or her behalf by:
(a) his or her parents or parent, testamentary or other guardian or
committee;
(b) the Court on the application of his or her next friend, if he or
she is an infant and there is not such a parent or guardian; or
(c) the Court on the application of the executor or administrator, if
he or she is a mentally defective person and there is not such
a committee.
(5) No consent (except of such a trustee as is mentioned in
subsection (3)(b)) shall be required on behalf of a person who may
come into existence after the time of appropriation or who cannot
be found or ascertained at that time.
(6) If, independently of the executor or administrator, there is no trustee
of a settled legacy, share or interest and no person of full age and
capacity entitled to the income thereof, no consent shall be required
to an appropriation in respect of the legacy, share or interest
provided that the appropriation is of an investment authorized by
law or by the will (if any) of the deceased person for the investment
of money subject to the trust.
(7) Any property duly appropriated under the powers conferred by this
section shall thereafter be treated as an authorized investment and
may be retained or dealt with accordingly.
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(8) For the purposes of such an appropriation the executor or
administrator may ascertain and fix the value of the respective parts
of the real and personal estate and the liabilities of the deceased
person as he or she thinks fit and shall for that purpose employ a
duly qualified valuer in any case where such employment may be
necessary and may make any conveyance (including an assent)
which may be requisite for giving effect to the appropriation.
(9) An appropriation made pursuant to this section shall bind all
persons interested in the property of the deceased person whose
consent is not required by this section.
(10) The executor or administrator shall in making the appropriation
have regard to the rights of any person who may thereafter come
into existence or who cannot be found or ascertained at the time of
appropriation and of any other person whose consent is not
required by this section.
(11) This section shall not prejudice any other power of appropriation
conferred by law or by the will (if any) of the deceased person and
where an appropriation is made under this section in respect of a
settled legacy, share or interest, the property appropriated shall
remain subject to all trusts for sale and powers of leasing,
disposition and management or varying investments which would
have been applicable to it or to the legacy, share or interest in
respect of which the appropriation is made if no such appropriation
had been made.
(12) If, after any real estate (including chattels real) has been
appropriated in purported exercise of the powers conferred by this
section, the person to whom it was conveyed disposes of it or any
interest in it, then in favour of a purchaser the appropriation shall be
deemed to have been made in accordance with the requirements of
this section and after all requisite consents (if any) had been given.
(13) In this section a settled legacy, share or interest includes any
legacy, share or interest to which a person is not absolutely entitled
in possession at the date of the appropriation and includes also an
annuity; and purchaser means a purchaser for money or money's
worth.
(14) This section:
(a) applies whether the deceased person died intestate or not;
(b) extends to property over which a testator exercises a general
power of appointment, including the statutory power to
dispose of entailed interests; and
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(c) authorizes the setting apart of a fund to answer an annuity by
means of the income of that fund or otherwise.
82 Court may make special order
The Court or a Judge may, where administration has been granted,
upon the application of the administrator, or in case of partial
intestacy the executor or administrator with the will annexed, or of
any person beneficially interested, and after such previous notice to
the other parties and inquiry as the Court or Judge thinks fit, order
and direct the course of proceedings which shall be taken in regard
to:
(a) the time and mode of sale of any real estate;
(b) the letting and management thereof until sale;
(c) the application for maintenance or advancement or otherwise
of shares or income of shares of infants; and
(d) the expediency and mode of effecting a partition, if applied for,
and generally in regard to the administration of the real estate for
the greatest advantage of all persons interested.
83 Court may authorize postponement of realization and carrying
on of business
(1) The Court may, where it thinks it beneficial so to do and subject to
such conditions as it thinks fit to impose, authorize an executor or
administrator:
(a) to postpone, for such period as the Court thinks fit, the
realization of the real or personal estate of a deceased
person, or any part of that estate; or
(b) to carry on, for such period or periods as the Court from time
to time thinks fit, the business, trade or occupation of the
deceased person, and for that purpose to use therein such
estate or part thereof.
(2) An order under this section may be made either ex parte or on such
notice as the Court in any case thinks proper, and may be varied
from time to time as the Court thinks fit.
(3) If an executor or administrator has, prior to the commencement of
this Act, postponed the realization of the estate of a deceased
person, or any part of that estate, or carried on the business, trade
or occupation of the deceased person, the Court may, in its
discretion, approve of any such postponement or carrying on of the
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business, trade or occupation, and the approval shall operate and
take effect as if this section had been in force when such
postponement or carrying on of the business, trade or occupation
occurred and the approval had been obtained prior thereto.
84 Court may order partition in a summary way
(1) Where, upon an inquiry under section 82 the Court is satisfied that
a partition of the real estate, or any part thereof, will be
advantageous to the parties interested therein, the Court may
appoint one or more arbitrators to effect the partition.
(2) The report and final award of the arbitrators setting forth particulars
of the land allotted to each party interested shall, when signed by
them and confirmed by the order of the Court and registered in the
office of the Registrar-General, be effectual without the necessity of
any further conveyance to vest in each party the land so allotted to
him or her, and an office copy of the award so signed, confirmed,
and registered, shall for all purposes be equivalent to an indenture
of conveyance to each party of the lands allotted to him or her.
(3) In the case of land subject to the provisions of the Land Title
Act 2000 each party shall be entitled to have issued to him or her a
certificate as to title for the land so allotted to him or her.
(4) If the allotment be made subject to the charge of any money
payable to any other party interested for equalizing the partition, the
charge shall take effect according to the terms and conditions in
regard to time and mode and otherwise which are expressed in the
award without the necessity of any further instrument being made
or executed.
(5) In the case of land subject to the provisions of the Land Title
Act 2000, the certificate as to title shall issue subject to the charge,
unless the charge is satisfied.
(6) The preceding provisions of this section do not authorize the
partition of any real estate in contravention of the provisions of any
other law in force in the Territory relating to the partition of that real
estate.
85 Personal representative not required to continue to act against
own consent
A personal representative shall not be required against his or her
own consent to continue the duty of a trustee by managing the
property during an enforced suspension of sale, but shall be
entitled, upon that suspension being ordered, to relinquish his or
her trust to such person as the Court appoints.
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Administration and Probate Act 1969 41
87 All debts to stand in equal degree
(1) In the administration of the estate of a deceased person, all the
creditors of every description of that person shall, notwithstanding
anything to the contrary contained in any law, be treated as
standing in equal degree and be paid accordingly out of the assets
of the deceased person.
(2) In the administration of the estate of a deceased person, in respect
of which representation is granted under this Act, no debt or liability
of that person shall be entitled to any priority or preference by
reason only that it is due to an executor or administrator of the
estate.
(3) This Act shall not prejudice or affect any mortgage, lien, charge or
other security which any creditor may hold or be entitled to for
payment of his or her debt.
(4) Nothing in this Act shall affect the provisions of any law protecting
life assurance or other policies against creditors.
88 Summary application for legacy, &c.
If the executor or administrator, after request in writing, neglects or
refuses to:
(a) execute a conveyance of land devised to the devisee; or
(b) pay or hand over to the person entitled any legacy or
residuary bequest,
the Court may, on the application of such devisee or person, make
such order in the matter as it thinks fit.
89 Executor or administrator to pass certain accounts
An executor or administrator of the estate of a deceased person
shall, when required to do so by:
(a) the Court; or
(b) the Supreme Court Rules 1987,
file or file and pass accounts relating to the administration of the
estate.
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Part III Grant of representation
Division 6 Rights, powers, duties and liabilities of executors and administrators
Administration and Probate Act 1969 42
90 Passing and allowance of the accounts of executors and
administrators
The Registrar in the name and under the seal of the Court may
make any order or grant any certificate which the Court may make
or grant:
(a) in and about the passing and allowance of the accounts of
executors and administrators and the costs in connection
therewith where no commission is applied for; or
(b) in or in connection with the granting of further time to
executors and administrators to file, to file and pass or to pass
their accounts in a case where no objection is raised to the
granting of the further time by a person interested or where no
doubt or difficulty arises.
91 Punishment for accounts not exhibited
(1) In case an executor or administrator neglects for one month after
the expiration of the period fixed, to file an inventory or statement,
or to file, to file and pass or to pass accounts, in accordance with
section 89, the Registrar shall cause the executor or administrator
to be notified of the neglect.
(2) In the case of further neglect for a period of one month, the
Registrar shall cause the executor or administrator to be
summoned before the Court to show cause why he or she should
not be ordered to file the inventory or statement or to file, to file and
pass or to pass the accounts forthwith.
(3) If the executor or administrator does not, within the prescribed time,
or within such further time as is allowed him or her by the Court, file
the inventory or file, file and pass or pass the accounts, as the case
may be, in the prescribed manner or in such other manner as the
Court orders, he or she shall be liable to punishment for contempt
of court.
(4) An executor or administrator to whom this section applies is, unless
the Court otherwise orders, personally liable for the costs and
expenses of any proceedings in pursuance of subsection (3).
92 Proceedings under section 91 not to prejudice proceedings on
bond
Proceedings being taken under section 91 shall not prejudice the
right to proceed against the executor or administrator for an
account and administration, or prevent the Court from ordering the
assignment of any bond to any person with a view to enforcing the
penalty thereof.
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Part III Grant of representation
Division 6 Rights, powers, duties and liabilities of executors and administrators
Administration and Probate Act 1969 43
93 Court may make order as to disposal of moneys in hands of
executor, &c.
(1) The Court may make such order, as it thinks fit, with reference to
the distribution or application of any moneys which the executor,
administrator or Public Trustee has in hand, or as to the residue of
the estate.
(2) No final order for distribution shall be made except upon notice to
all the parties entitled.
94 Payments under revoked probates or administrations valid
The executor or administrator who has acted under any revoked or
rescinded probate or administration may retain and reimburse
himself or herself, or shall be entitled to be reimbursed for, an
amount equal to the amount of any payments made by him or her
which the person to whom probate or administration is afterwards
or was originally granted might have lawfully made.
95 Persons, &c., making payments upon probate granted for
estate of deceased person to be indemnified
All persons making or permitting to be made any payment or
transfer, bona fide, upon any probate or administration or order
granted in respect of the estate of any deceased person under the
authority of this Act shall be indemnified and protected in so doing,
notwithstanding any defect or circumstance whatsoever affecting
the validity of the probate or administration or order not then known
to those persons.
96 Distribution of assets, &c.
(1) Where an executor or administrator has given such or the like
notices as, in the opinion of the Court in which the executor or
administrator is sought to be charged, would have been given by
the Supreme Court in an administration suit, for creditors and
others to send in to the executor or administrator their claims
against the estate of the testator or intestate, the executor or
administrator may at the expiration of the time named in the
notices, or the last of the notices, for sending in those claims,
distribute the assets of the testator or intestate, or any part thereof,
amongst the persons entitled thereto, having regard to the claims of
which the executor or administrator has then notice.
(2) The executor or administrator shall not be liable for the assets or
any part thereof so distributed to any person of whose claim he or
she has not had notice at the time of the distribution.
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Part III Grant of representation
Division 6 Rights, powers, duties and liabilities of executors and administrators
Administration and Probate Act 1969 44
(3) An action shall not lie against the administrator of an intestate
estate of an intestate Aboriginal by reason of the distribution of the
whole or any part of the intestate estate of the Aboriginal if the
distribution was a distribution made in pursuance of an order under
Division 4A of Part III or if:
(a) the distribution was made before the administrator had notice
of an application for such an order; and
(b) before making the distribution, the administrator had given
notices under subsection (1) and the time specified in the
notices or in the last of the notices for the sending in of claims
had expired.
97 Claim barred against executor or administrator in certain
cases
(1) When an executor or administrator has given the notices mentioned
in section 96, and a claim against the estate is sent in to him or her,
the administrator or executor may, if he or she disputes the claim,
serve upon the person, by whom or on whose behalf the claim was
sent in, a notice calling upon that person to take proceedings to
enforce his or her claim within a period of 6 months, and to duly
prosecute the claim.
(2) If, after that period of 6 months has expired, that person does not
satisfy the Court that he or she is duly prosecuting his or her claim,
the Court may, on application by the executor or administrator,
make an order barring the claim against the executor or
administrator, subject to such conditions as appear just, or make
such other order as the Court thinks fit.
98 Distribution of estate by executors and administrators
(1) Where an executor or administrator liable as such, under any lease
or agreement for a lease, granted or assigned to, or made and
entered into with, the testator or intestate whose estate is being
administered, to the rents, covenants or agreements contained in
the lease or agreement for a lease has:
(a) satisfied all such liabilities under the lease, or agreement for a
lease, as have accrued due and been claimed up to the
assignment mentioned in paragraph (c);
(b) set apart a sufficient sum to answer any future claim that may
be made in respect of any fixed and ascertained sum,
covenanted or agreed by the lessee, to be laid out on the
property demised, or agreed to be demised, although the
period for laying out the sum may not have arrived; and
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Part III Grant of representation
Division 6 Rights, powers, duties and liabilities of executors and administrators
Administration and Probate Act 1969 45
(c) assigned the lease, or agreement for a lease, to a purchaser,
or to a legatee, devisee, or other person entitled to call for a
conveyance thereof,
he or she may distribute the estate of the testator or the intestate
remaining in his or her hands amongst the parties entitled thereto
respectively, without appropriating any part, or any further part
thereof, as the case may be, to meet any future liability under the
lease, or agreement for a lease.
(2) An executor or administrator so distributing the estate shall not,
after having made or executed that assignment, and having, where
necessary, set apart that sufficient fund, be personally liable in
respect of any subsequent claim under the lease, or agreement for
a lease.
(3) In this section lease includes an underlease.
99 Right to follow assets
Nothing in section 96, 97 or 98 contained shall prejudice the right of
any creditor or claimant or lessor, or those claiming under any
lessor, to follow the assets or estate, or any part thereof, into the
hands of the persons, or any of them, among whom they may have
been distributed, or who may have received them.
101 Every executor, &c., to be deemed resident in the Territory
(1) Every executor or administrator:
(a) named in any probate or letters of administration granted by
any Court of competent jurisdiction in a relevant country and
making application under the provisions of this Act for the
sealing of the probate or administration; or
(b) appointed under this Act,
shall be deemed to be resident in the Territory.
(2) Where not actually so resident, he or she shall, before the issue or
sealing of any probate or administration, file with the Registrar an
address in the Territory at which notices and processes may be
served upon him or her and all services at that registered address
shall be deemed personal service.
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Part III Grant of representation
Division 8 Additional powers etc. of professional personal representatives
Administration and Probate Act 1969 46
Division 7 Commission
102 Executors, &c., may be allowed commission
(1) It shall be lawful for the Court to allow out of the assets of a
deceased person to his or her executor, administrator or trustee for
the time being, in passing his or her accounts, such commission or
percentage, not exceeding 5% for his or her pains and trouble as is
just and reasonable.
(2) No such allowance shall be made to an executor, administrator or
trustee who neglects or omits, without a special order of the Court,
to pass his or her accounts in accordance with section 89.
Division 8 Additional powers etc. of professional personal
representatives
103 Inquiries as to validity of claim
(1) If, in the administration of an estate by a professional personal
representative, a person claims against the estate (whether as a
creditor or beneficiary) and the professional personal representative
is in doubt as to the validity of the claim, the professional personal
representative:
(a) may institute the inquiries that the representative thinks proper
regarding the claim; and
(b) may, by a summons, require the claimant or any other person
to appear and answer all the questions that may be put to the
claimant or other person with reference to the claim before:
(i) if the value of the claim does not exceed the small
claims limit, as defined in section 5(1) of the Small
Claims Act 2016 on the date the claim is made –
NTCAT; or
(ii) otherwise – a Judge.
(2) The professional personal representative must pay or tender to a
person summonsed under this section to appear before:
(a) NTCAT – the same amount as the person would be entitled to
if the person had been summonsed as a witness to NTCAT; or
(b) a Judge – the same amount as the person would be entitled to
if the person had been summonsed as a witness to the Court.
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Part III Grant of representation
Division 8 Additional powers etc. of professional personal representatives
Administration and Probate Act 1969 47
(3) If a claimant served with a summons under this section:
(a) fails to attend before NTCAT or the Judge at the time and
place specified in the summons or at an adjournment of the
hearing in respect of the summons; or
(b) refuses or fails to truly answer a question put to the claimant
by or on behalf of the professional personal representative,
NTCAT or the Judge may direct that the professional personal
representative may reject the claim.
(4) For proceedings under this section, NTCAT must be constituted by
one or more of the following:
(a) the President of NTCAT;
(b) a Deputy President of NTCAT;
(c) an ordinary member appointed with reference to
section 16(2)(a) of the Northern Territory Civil and
Administrative Tribunal Act 2014.
104 Rejection of small claim
(1) If in the administration of an estate by a professional personal
representative:
(a) a person claims against the estate a sum of money not
exceeding, or personal property with a value (as estimated by
the professional personal representative) not exceeding, the
prescribed amount or the professional personal representative
has reason to believe a person may make such a claim; and
(b) the professional personal representative refuses to admit or
intends to reject the claim,
the professional personal representative may serve on the person a
notice requiring the person to commence legal proceedings within
3 months after the date of service to establish or enforce the claim
and to prosecute the proceedings with all due diligence.
(2) If the person on whom a notice is served under this section fails to
commence proceedings within 3 months after the date of service:
(a) the claim is barred and the person is not entitled to enforce the
claim by proceedings in any court or tribunal; and
(b) the professional personal representative may administer and
distribute the estate disregarding the claim.
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Part III Grant of representation
Division 8 Additional powers etc. of professional personal representatives
Administration and Probate Act 1969 48
(3) If no amount is prescribed by regulation for the purposes of
subsection (1)(a), the prescribed amount is 1 500 monetary units.
(4) For proceedings under this section, NTCAT must be constituted by
one or more of the following:
(a) the President of NTCAT;
(b) a Deputy President of NTCAT;
(c) an ordinary member appointed with reference to
section 16(2)(a) of the Northern Territory Civil and
Administrative Tribunal Act 2014.
105 Requirement for life tenant to give undertaking
(1) If:
(a) a person is in occupation of or has the use or enjoyment of
land as a legal or equitable tenant for life; and
(b) that land is the subject of an estate being administered by a
professional personal representative,
the professional personal representative may require the person to
give an undertaking, with the security that the professional personal
representative may require, to keep the property in repair and to
pay the rates and taxes, insurance premiums, assessments, rents,
impositions and other outgoings that the person is legally required
to pay.
(2) If a life tenant fails to comply with an undertaking given in
pursuance of subsection (1), the professional personal
representative may serve on the life tenant a notice requiring the
life tenant to remedy the default or give up possession of the land
within the time specified in the notice.
(3) The time specified in a notice served under subsection (2) is to be
not less than one month after the date of service.
(4) If a life tenant fails to comply with a notice served under
subsection (2), the legal or equitable life tenancy is terminated and
the professional personal representative may claim possession of
the property as if the life tenant were a trespasser.
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Part III Grant of representation
Division 8 Additional powers etc. of professional personal representatives
Administration and Probate Act 1969 49
105A Obtaining information about deceased person's property etc.
(1) A professional personal representative who is administering the
estate of a deceased person may serve on a person:
(a) who is in possession of any property of the deceased person;
(b) who was a debtor, creditor or partner of the deceased person;
(c) who was a joint venturer with the deceased person; or
(d) in whom the deceased person had invested by way of shares,
stock or debenture,
a notice requesting the person to provide the professional personal
representative with written information about any of the following
matters:
(e) the deceased person's relationship with the person;
(f) the deceased person's interest in property of which the person
is aware;
(g) the extent, nature and situation of any of the deceased
person's property, money, shares or debts of which the person
is aware.
(2) A notice under this section is to state the period, of not less than
14 days after the date of service, within which the person to whom
the notice is directed must provide the information requested.
(3) The person to whom a notice under this section is directed must
provide the professional personal representative with the
information requested within the period specified in the notice.
Maximum penalty: If the offender is a natural person –
20 penalty units.
If the offender is a body corporate –
100 penalty units.
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Part IV Small estates
Division 1 Applications for representation
Administration and Probate Act 1969 50
Part IV Small estates
Division 1 Applications for representation
106 Application to Registrar
In all cases where a person dies leaving property not exceeding the
prescribed amount in value, application for representation may be
made direct to the Registrar.
107 Duties of Registrar
(1) The Registrar shall, upon being satisfied as to:
(a) the identity of the applicant; and
(b) the right of the applicant to administer the estate of the
deceased person; and
(c) the value of the estate,
furnish him or her with all necessary information for the purpose of
enabling him or her to fill up advertisements, affidavits and
documents necessary for obtaining representation.
(2) The Registrar may:
(a) administer an oath to the applicant and every deponent; and
(b) attest the execution of the administration bond.
(3) The Registrar shall receive payment, in connection with the
application, of all proper fees fixed by the Rules of Court.
108 Registrar to issue probate or administration in the name of the
Court
(1) The Registrar shall, upon being satisfied:
(a) with the sufficiency of the evidence in support of the
application;
(b) that the estate does not exceed the prescribed amount in
value;
(c) that no caveat has been entered against the application; and
(d) that no will has been deposited with the Public Trustee,
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Part IV Small estates
Division 2 Representation by professional personal representatives
Administration and Probate Act 1969 51
cause probate or letters of administration (as the case may be) to
be issued and delivered to the applicant on demand.
(2) Probate or administration under this section shall be issued in the
name and under the seal of the Court.
109 Matters as to which Registrar not satisfied
In any case where the Registrar is not satisfied as to the matters
mentioned in section 108, he or she shall state, to the applicant, the
matters in respect of which he or she is not satisfied.
110 Obligation of Registrar
In no case shall the Registrar be under any obligation by reason of
this Part to deal with any application which he or she may think
proper to be dealt with by the Court, or to be placed in the hands of
a legal practitioner.
Division 2 Representation by professional personal
representatives
110A Administration of small estate without representation or
election
(1) A professional personal representative need not apply for
representation of the estate of a deceased person but may instead
administer the estate under this section if:
(a) the professional personal representative estimates that the net
value of the property in the Territory does not exceed the
prescribed amount; and
(b) no application has been made for a grant of representation of
the estate.
(2) A professional personal representative is entitled to administer an
estate under this section only after the representative has given
public notice of the representative's intention to do so.
(3) The notice given under subsection (2) is to be by advertisement in a
newspaper published in the Territory and is to contain the
prescribed information.
(4) A professional personal representative who administers an estate
under this section is:
(a) if the deceased person died testate – taken to be the executor
of the will or the holder of letters of administration with the will
annexed; or
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Part IV Small estates
Division 2 Representation by professional personal representatives
Administration and Probate Act 1969 52
(b) if the deceased person died intestate – taken to be the holder
of letters of administration of the estate of that person,
as if a grant of representation had been made to the professional
personal representative.
(5) If after giving notice under subsection (2) the professional personal
representative discovers that the net value of the property in the
Territory exceeds the amount referred to in subsection (1)(a) but
the net value of the property in the Territory does not exceed the
amount referred to in section 110B(1)(a), the representative:
(a) must file in the Court a memorandum stating the value of the
property; and
(b) may continue to administer the estate under this section.
(6) If after giving notice under subsection (2) the professional personal
representative discovers that the net value of the property in the
Territory exceeds the amount referred to in section 110B(1)(a), the
representative must:
(a) file in the Court a memorandum stating the value of the
property; and
(b) apply for a grant of representation.
(7) If a professional personal representative who is administering or
has administered an estate in pursuance of this section is in
possession or comes into possession of a will of the deceased
person, the representative must deposit it with the Registrar, unless
exempted under the Rules.
(8) If no amount is prescribed by regulation for the purposes of
subsection (1)(a), the prescribed amount is 30 000 monetary units.
110B Election to administer small estate
(1) A professional personal representative need not apply for
representation of the estate of a deceased person but may instead
file in the Court an election to administer the estate if:
(a) the professional personal representative estimates that the net
value of the property in the Territory at the time of filing the
election does not exceed the prescribed amount; and
(b) no other person in the Territory has been granted
representation of the estate.
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Part IV Small estates
Division 2 Representation by professional personal representatives
Administration and Probate Act 1969 53
(2) An election is to be in writing, setting out the following matters:
(a) the name, address, occupation and date of death of the
deceased person;
(b) details of the property of the deceased person;
(c) whether the deceased person died testate or intestate;
(d) if the deceased person died testate – a statement that after
making proper inquiries the professional personal
representative believes that the document annexed to the
election is the testator's last will or an exemplification of the
last will and that the will has been executed in accordance
with the law governing the execution of that will.
(3) On the filing of an election, the professional personal representative
is:
(a) if the deceased person died testate – taken to be the executor
of the will or the holder of letters of administration with the will
annexed; or
(b) if the deceased person died intestate – taken to be the holder
of letters of administration of the estate of that person,
as if a grant of representation had been made to the professional
personal representative.
(4) A professional personal representative who files an election must
comply with any advertising requirements that are prescribed or
that are specified in the Supreme Court Rules 1987.
(5) If after filing an election the professional personal representative
discovers that the net value of the property in the Territory exceeds
the amount referred to in subsection (1)(a), he or she must:
(a) file in the Court a memorandum stating the value of the
property; and
(b) apply for a grant of representation.
(6) If no amount is prescribed by regulation for the purposes of
subsection (1)(a), the prescribed amount is 130 000 monetary units.
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Part IV Small estates
Division 2 Representation by professional personal representatives
Administration and Probate Act 1969 54
110C Election in respect of part administered estate
(1) A professional personal representative need not apply for letters of
administration de bonis non but may instead file in the Court an
election to administer the unadministered part of the estate of a
deceased person if:
(a) representation of the estate has been granted in the Territory
and the person last granted representation has, because of
his or her death or other incapacity, left part of the estate
unadministered;
(b) the professional personal representative estimates that the net
value of the property in the Territory left unadministered at the
time of filing the election does not exceed the prescribed
amount; and
(c) no other person in the Territory has been granted letters of
administration de bonis non since the death or incapacity of
the last administrator.
(2) An election is to be in writing, setting out details of the following
matters:
(a) the last grant of representation;
(b) the death or other incapacity of the last administrator;
(c) the property in the Territory left unadministered.
(3) On the filing of an election, the professional personal representative
is taken to be the administrator of the part of the estate left
unadministered as if he or she had been granted letters of
administration de bonis non.
(4) If after filing an election the professional personal representative
discovers that the value of the property to be administered exceeds
the amount referred to in subsection (1)(b), he or she must:
(a) file in the Court a memorandum stating the value of the
property; and
(b) apply for a grant of administration de bonis non.
(5) A statement in an election giving details of the death or other
incapacity of the last administrator is, in the absence of evidence to
the contrary, to be accepted by all courts, employees and persons,
whether acting under an Act or not, as sufficient evidence of that
fact without further proof.
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Part V Recognition of foreign grants
Administration and Probate Act 1969 55
(6) If no amount is prescribed by regulation for the purposes of
subsection (1)(b), the prescribed amount is 130 000 monetary units.
Part V Recognition of foreign grants
111 Reseal of grant made in certain countries
(1) This section applies if a court of competent jurisdiction in a relevant
country has, whether before or after the commencement of this Act,
granted probate of a will, administration of an estate or an order to
collect and administer an estate.
(2) The following persons may, after producing the probate,
administration or order referred to in subsection (1) to the Registrar
and depositing a copy of it with the Registrar, apply to the Court to
have it sealed with the seal of the Court, and the Court may seal it
accordingly:
(a) for probate of a will:
(i) the executor to whom the probate was granted; or
(ii) a person authorised by that executor, under a power of
attorney, to make the application; or
(iii) the executor, by representation, of the will;
(b) for administration of an estate:
(i) the administrator to whom the administration was
granted; or
(ii) the person authorised by that administrator, under a
power of attorney, to make the application;
(c) for an order to collect and administer an estate – a Public
Trustee in the relevant country to whom the order was
granted.
(3) The Rules may exempt a person from producing the probate,
administration or order to the Registrar or depositing a copy of it
with the Registrar.
(4) If an application is made under subsection (2) the Registrar may
seal the probate, administration or order in the name and under the
seal of the Court and if the Registrar does so the probate,
administration or order is taken to have been sealed by the Court.
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Part V Recognition of foreign grants
Administration and Probate Act 1969 56
(5) However, the Registrar must not seal the probate, administration or
order without an order of the Court if:
(a) a caveat has been lodged; or
(b) it appears to the Registrar to be doubtful whether the probate,
administration or order should be sealed.
(6) If a probate or administration is sealed under subsection (2) or (4):
(a) the probate or administration has the same force, effect and
operation as if it had been originally granted by the Court; and
(b) the applicant under subsection (2) must perform the same
duties and be subject to the same liabilities as if the probate or
administration had been originally granted by the Court and
the applicant was the person to whom the probate or
administration had been granted.
(7) If an order to collect and administer an estate is sealed under
subsection (2) or (4), the applicant has the same duties and is
subject to the same liabilities as if the applicant was the Public
Trustee under the Public Trustee Act 1979.
(8) The Court, may, before or after a probate, administration or order to
collect and administer an estate is sealed under subsection (2)
or (4), require the applicant to give security for the proper
administration of the estate to which it relates.
(9) In this section, a reference to an order to collect and administer an
estate includes a reference to an exemplification of the order.
112 Caveat
Any person may lodge with the Registrar a caveat against the
sealing of any such probate or administration, and any such caveat
shall have the same effect, and shall be dealt with in the same
manner, as if it were a caveat against the granting of probate or
administration.
113 Seal not to be affixed till duty is paid, &c.
(1) The seal of the Court shall not be fixed to any such probate or
administration until all such succession duties and other duties and
fees but not including estate duty have been paid as would have
been payable if the probate or administration had been originally
granted by the Court.
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Part VII Procedure
Administration and Probate Act 1969 57
(2) The administration shall not be so sealed until such bond has been
entered into as would have been required if the administration had
been originally granted by the Court.
(3) The seal of the Court shall not be affixed to any such probate or
administration except upon an affidavit that notices of the intention
to apply in that behalf have been published, once in a newspaper
printed and published in Darwin and once in a newspaper printed
and published in Alice Springs at least 14 days before the making
of the affidavit, and that no caveat has been lodged in respect
thereof.
114 Inclusion of orders to collect and scotch confirmation
A reference in this Part to probate or administration shall be read as
including a reference to:
(a) an order to a curator or other person to collect and administer
an estate; and
(b) a confirmation of the executor or another person granted in a
Sheriff Court in Scotland.
Part VII Procedure
147 Order to produce an instrument purporting to be testamentary
(1) The Court may, whether any proceeding is or is not pending in the
Court with respect to any probate or administration, order any
person to produce and bring into the office of the Registrar any
paper or writing, being or purporting to be testamentary, or
otherwise material to the matter before the Court, which is shown to
be in the possession or under the control of that person.
(2) If it is not shown that any such paper or writing is in the possession
or under the control of that person, but it appears that there are
reasonable grounds for believing that he or she has the knowledge
of any such paper or writing, the Court may direct him or her to
attend for the purpose of being examined in open court or upon
interrogatories respecting the paper or writing.
(3) Any such person directed so to attend shall be bound to answer
such questions or interrogatories, and (if so ordered) to produce
and bring in the paper or writing, and shall be subject to the like
process of contempt in case of default in not attending or in not
answering those questions or interrogatories, or not bringing in that
paper or writing, as he or she would have been subject to in case
he or she had been a party to a suit in the Court and had made that
default.
-- 63 of 80 --
Part VIII Miscellaneous
Administration and Probate Act 1969 58
Part VIII Miscellaneous
148 Registrar to keep record of probates, &c.
(1) The Registrar shall cause entries to be made in a book to be kept
for that purpose of:
(a) all grants of probate and administration; and
(b) all elections and orders to collect; and
(c) the filing, passing and allowance of the accounts required to
be filed or to be filed and passed under section 89; and
(d) any special order extending the time for passing those
accounts.
(2) The book referred to in subsection (1) shall set forth:
(a) the dates of the grants, elections and orders; and
(b) the names of the testators or intestates; and
(c) the place and time of death; and
(d) the names and description of the executors or administrators;
and
(e) the value, verified on oath, of the estates; and
(f) the dates of the filing, passing and allowance of, and special
orders with reference to, the accounts.
149 Proved wills and other documents to be held by Registrar
Subject to the Rules, an original will that is brought into the Court,
probate of which is granted under this Act or a copy of which is
annexed to the administration granted under this Act and any other
documents as the Court directs, may be deposited and preserved
at the office of the Registrar and may be inspected there.
150 Office copies
(1) A person may, on payment of the fee (if any) payable to the
Registrar under this Act, obtain from the Registrar:
(a) a certificate or exemplification of a grant of probate or
administration; or
-- 64 of 80 --
Part IX Transitional matters for Justice Portfolio (Miscellaneous Amendments) Act
2005
Administration and Probate Act 1969 59
(b) a copy of:
(i) the whole or a part of a will; or
(ii) such other document as the Court approves.
(2) Notwithstanding subsection (1), the Registrar shall, at the request
of a person who is a party to a matter under this Act, furnish to that
person, free of charge, one office copy of a will or other document
to which the matter relates.
152 Person fraudulently disposing of will liable for damages
Where a person suffers damage as a result of the stealing of a will
or a part of a will, or as a result of the fraudulent destroying,
cancelling, obliterating or concealing of a will or a part of a will, the
person may recover damages in respect of the damage by action in
a court of competent jurisdiction from the person who stole,
destroyed, cancelled, obliterated or concealed the will or part, as
the case may be.
152A Regulations
The Administrator may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying
out or giving effect to this Act, and in particular for prescribing:
(a) the proportion of an estate to which a spouse or de facto
partner is entitled;
(b) the value of an intestate estate for the purpose of determining
its distribution in accordance with Schedule 6;
(c) the proportions payable to persons other than the spouse or
de facto partner of an intestate who are entitled to share in the
intestate estate; and
(d) the fees payable in respect of any matter under this Act.
Part IX Transitional matters for Justice Portfolio
(Miscellaneous Amendments) Act 2005
153 Section 104: rejection of claims in excess of prescribed
amount
If, on or after 1 July 2002 but before the day on which the
Administrator's assent to the Justice Portfolio (Miscellaneous
-- 65 of 80 --
Part X Transitional matters for Justice and Other Legislation Amendment Act 2021
Administration and Probate Act 1969 60
Amendments) Act 2005 is declared, a professional personal
representative served a notice under section 104(1) in relation to a
claim in excess of the prescribed amount:
(a) the validity of the notice is not affected because of the
amendment effected by section 4 of that Act; and
(b) section 104 is taken to apply, and always to have applied, in
relation to the claim as if that amendment had not been
effected.
Part X Transitional matters for Justice and Other
Legislation Amendment Act 2021
154 Application of section 103
(1) Section 103, as amended by the Justice and Other Legislation
Amendment Act 2021, applies only in relation to a claim made after
the commencement of section 4 of that Act (the commencement).
(2) Section 103, as in force immediately before the commencement,
continues to apply in relation to a claim made before the
commencement.
-- 66 of 80 --
Schedule 4
Administration and Probate Act 1969 61
Schedule 4
section 57
PART I
Order of Application of Assets where the Estate is Solvent
1. Assets undisposed of by will, subject to the retention out of those
assets of a fund sufficient to meet any pecuniary legacies.
2. Assets not specifically disposed of by will but included (either by a
specific or general description) in a residuary gift, subject to the
retention out of those assets of a fund sufficient to meet any pecuniary
legacies which are not provided for out of the assets undisposed of by
will.
3. Assets specifically appropriated or disposed of by will (either by a
specific or general description) for the payment of debts.
4. Assets charged with, or disposed of by will (either by a specific or
general description) subject to a charge for, the payment of debts.
5. The fund, if any, retained to meet pecuniary legacies.
6. Assets specifically disposed of by will, rateably according to value.
PART II
Rules as to Payment of Debts and Liabilities when the Estate is Insolvent
1. The funeral, testamentary and administration expenses have priority.
2. Subject to the last preceding rule, the same rules shall prevail and be
observed as to the respective rights of secured and unsecured
creditors and as to the valuation of annuities and future and contingent
liabilities, respectively, and as to the priorities of debts and liabilities as
are in force at the death of the deceased person under the law of
bankruptcy with respect to the assets of persons adjudged bankrupt.
3. In the application of those rules, the date of the death of the deceased
person shall be substituted for the date of the sequestration order.
-- 67 of 80 --
Schedule 6 Distribution of intestate estate upon intestacy
Administration and Probate Act 1969 62
Schedule 6 Distribution of intestate estate upon intestacy
section 66
PART I – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED
BY A SPOUSE AND NOT BY ANY DE FACTO PARTNER
Item Circumstances Manner in which the intestate
estate of the intestate is to be
distributed
1. Where the intestate is not
survived by:
(a) issue; or
(b) a parent, a brother or
sister or the issue of
a brother or sister.
The spouse is entitled to the whole
of the intestate estate.
2. Where the intestate is
survived by issue.
1. The spouse is entitled:
(a) if the value of the intestate
estate does not exceed the
prescribed amount – to the
whole of the intestate estate;
or
(b) if the value of the intestate
estate exceeds the
prescribed amount – to be
paid out of the intestate
estate the prescribed sum
and an additional sum equal
to:
(i) if one child or the
issue of one child of
the intestate but no
other issue of the
intestate survives
the intestate –
one-half of the
value of the
balance of the
intestate estate; or
(ii) if any other
case –
one-third of
-- 68 of 80 --
Schedule 6 Distribution of intestate estate upon intestacy
Administration and Probate Act 1969 63
the value of
the balance of
the intestate
estate.
2. The issue of the intestate
are entitled to the balance (if
any) of the intestate estate
after payment to the spouse
of the sum or sums to which
the spouse is entitled under
paragraph 1.
3. Where the intestate is not
survived by issue but is
survived by a parent,
brother or sister or the issue
of a brother or sister.
1. the spouse is entitled:
(a) if the value of the intestate
estate does not exceed the
prescribed amount – to the
whole of the intestate estate;
or
(b) if the value of the intestate
estate exceeds the
prescribed amount – to be
paid out of the intestate
estate the prescribed sum
and an additional sum equal
to one-half of the value of
the balance of the intestate
estate.
2. If the intestate is survived by
one or both of his or her
parents (whether or not the
intestate is also survived by
a brother or sister or the
issue of a brother or sister),
the surviving parent is
entitled, or the parents are
entitled in equal shares, as
the case may be, to the
balance (if any) of the
intestate estate after
payment to the spouse of
the sum or sums to which
the spouse is entitled under
paragraph 1.
-- 69 of 80 --
Schedule 6 Distribution of intestate estate upon intestacy
Administration and Probate Act 1969 64
3. If the intestate is not
survived by a parent, the
brothers and sisters of the
intestate who survived the
intestate, and the issue who
survive the intestate of a
brother or sister of the
intestate who died before the
intestate, are entitled to the
balance (if any) of the
intestate estate, after
payment to the spouse of
the sum or sums to which
the spouse is entitled under
paragraph 1 of this item in
the shares in which he, she
or they would have been
entitled to the intestate
estate if the intestate had not
been survived by his or her
spouse.
PART II – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED
BY A DE FACTO PARTNER BUT NOT BY A SPOUSE
Where the intestate is survived by a de facto partner, but not by a
spouse:
(a) if the intestate is not survived by issue, item 1 or (as the case
requires) 3 in Part I shall apply as if references to the spouse
of the intestate were references to the de facto partner; and
(b) if the intestate is survived by issue, item 2 in Part I shall apply
similarly where:
(i) the issue are, or include, issue of the intestate and the
de facto partner; or
(ii) the de facto partner was the de facto partner of the
intestate for a continuous period of not less than 2 years
immediately preceding the intestate's death,
but in any other case the issue shall be entitled to the whole of
the intestate estate.
-- 70 of 80 --
Schedule 6 Distribution of intestate estate upon intestacy
Administration and Probate Act 1969 65
PART III – MANNER OF DISTRIBUTION WHERE INTESTATE IS
SURVIVED BY BOTH A SPOUSE AND A DE FACTO PARTNER
1. Where the intestate is survived by both a spouse and a de facto
partner, and:
(a) the de facto partner was the de facto partner of the intestate
for a continuous period of not less than 2 years immediately
preceding the intestate's death, and the intestate did not at
any time during that period live with the person to whom he or
she was married; or
(b) the intestate is also survived by issue of the intestate and the
de facto partner,
items 1 to 3 (inclusive) in Part I shall apply as if references to the spouse of
the intestate were references to the de facto partner.
2. Where the intestate is survived by both a spouse and a de facto
partner and clause 1 does not apply, the intestate shall be treated as having
been survived by the spouse and not by the de facto partner, and Part I shall
have effect accordingly.
PART IV – MANNER OF DISTRIBUTION WHERE INTESTATE IS
SURVIVED BY NEITHER A SPOUSE NOR A DE FACTO PARTNER
Item Circumstances Manner in which the intestate
estate of the intestate is to be
distributed
1. Where the intestate is
survived by issue.
The issue are entitled to the whole
of the intestate estate.
2. Where the intestate is not
survived by issue but is
survived by a parent or both
parents.
The parent is entitled to the whole
of the intestate estate or, if both
parents survive the intestate, the
parents are entitled to the whole of
the intestate estate in equal shares.
3. Where the intestate is not
survived by issue or by a
parent but is survived by
next of kin.
The next of kin are entitled to the
intestate estate in accordance with
section 69.
4. Where the intestate is not
survived by issue, by a
parent or by next of kin.
The intestate estate shall be
deemed to be bona vacantia and
the Territory is entitled to it.
-- 71 of 80 --
ENDNOTES
Administration and Probate Act 1969 66
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Administration and Probate Ordinance 1969 (Act No. 38, 1969)
Assent date 17 October 1969
Commenced 8 February 1971 (Gaz No. 51, 23 December 1970, p 371)
Ordinances Revision Ordinance 1973 (Act No. 87, 1973)
Assent date 11 December 1973
Commenced 11 December 1973 (s 12(2))
Amending Legislation
Ordinances Revision Ordinance 1974 (Act No. 34, 1974)
Assent date 26 August 1974
Commenced 11 December 1973 (s 3(2))
Ordinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)
Assent date 24 October 1974
Commenced 11 December 1973 (s 3)
Ordinances Revision Ordinance 1976 (Act No. 27, 1976)
Assent date 28 June 1976
Commenced ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss
3 and 4: 11 December 1973; s 5: 24 October 1974
Administration and Probate Ordinance 1974 (Act No. 22, 1974)
Assent date 19 August 1974
Commenced 19 August 1974
Age of Majority Ordinance 1974 (Act No. 37, 1974)
Assent date 23 September 1974
Commenced 1 November 1974 (Gaz No. 42, 17 October 1974, p 475)
Transfer of Powers (Further Provisions) Ordinance 1977 (Act No. 51, 1977)
Assent date 9 December 1977
Commenced 1 January 1978 (s 2)
-- 72 of 80 --
ENDNOTES
Administration and Probate Act 1969 67
Transfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)
Assent date 1 July 1978
Commenced 1 July 1978 (s 2)
Status of Children Act 1978 (Act No. 16, 1979)
Assent date 26 January 1979
Commenced 21 September 1979 (Gaz G38, 21 September 1979, p 1)
Administration and Probate Act 1979 (Act No. 38, 1979)
Assent date 27 April 1979
Commenced 3 December 1979 (Gaz S25, 28 November 1979, p 1)
Administration and Probate Act (No. 2) 1979 (Act No. 90, 1979)
Assent date 10 August 1979
Commenced 3 December 1979 (s 2, s 2 Public Trustee Act 1979 (Act
No. 84, 1979) and Gaz S25, 28 November 1979)
Statute Law Revision Act 1980 (Act No. 6, 1981)
Assent date 9 January 1981
Commenced 9 January 1981
Statute Law Revision Act 1981 (Act No. 29, 1981)
Assent date 25 March 1981
Commenced 25 March 1981
Statute Law Revision Act (No. 3) 1981 (Act No. 91, 1981)
Assent date 21 September 1981
Commenced 21 September 1981
Administration and Probate Amendment Act 1983 (Act No. 24, 1983)
Assent date 24 June 1983
Commenced 28 October 1983 (Gaz G43, 28 October 1983, p 2)
Administration and Probate Amendment Act 1985 (Act No. 9, 1985)
Assent date 1 April 1985
Commenced 1 May 1985 (Gaz G17, 1 May 1985, p 8)
Administration and Probate Amendment Act 1988 (Act No. 17, 1988)
Assent date 15 June 1988
Commenced 15 June 1988
Administration and Probate Amendment Act 1989 (Act No. 55, 1989)
Assent date 2 October 1989
Commenced 2 October 1989
Statute Law Revision Act 1989 (Act No. 60, 1989)
Assent date 2 October 1989
Commenced 2 October 1989
Statute Law Revision Act 1990 (Act No. 33, 1990)
Assent date 11 June 1990
Commenced 11 June 1990
Real Property (Consequential Amendments) Act 1991 (Act No. 33, 1991)
Assent date 25 June 1991
Commenced 1 October 1991 (Gaz S49, 1 October 1991)
-- 73 of 80 --
ENDNOTES
Administration and Probate Act 1969 68
Statute Law (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991)
Assent date 16 December 1991
Commenced 16 December 1991
Administration and Probate Amendment (De Facto Relationships) Act 1991 (Act No. 83,
1991)
Assent date 24 December 1991
Commenced 1 January 1992 (s 2)
Administration and Probate Amendment Act 1993 (Act No. 22, 1993)
Assent date 24 June 1993
Commenced 24 June 1993
Statute Law Revision Act 1998 (Act No. 11, 1998)
Assent date 30 March 1998
Commenced 30 March 1998
Statute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)
Assent date 11 December 1998
Commenced s 3: 1 April 1999 (Gaz S15, 1 April 1999)
Mental Health and Related Services (Consequential Amendments) Act 1999 (Act No. 11,
1999)
Assent date 25 March 1999
Commenced 1 February 2000 (s 2, s 2 Mental Health and Related Services
Act 1998 (Act No. 63, 1998) and Gaz G3, 26 January 2000,
p 2)
Statute Law Revision Act 2000 (Act No. 19, 2000)
Assent date 6 June 2000
Commenced s 6: 4 December 1999; rem: 12 July 2000 (s 2 and Gaz G27,
12 July 2000, p 2)
Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)
Assent date 12 September 2000
Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,
2000) and Gaz G38, 27 September 2000, p 2)
Unit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15,
2001)
Assent date 28 June 2001
Commenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act
No. 14, 2001) and Gaz G8, 27 February 2002, p 6)
Administration and Probate Amendment Act 2002 (Act No. 2, 2002)
Assent date 28 March 2002
Commenced 1 July 2002 (Gaz G25, 26 June 2002, p 2)
Statute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)
Assent date 7 November 2002
Commenced 7 November 2002
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date 7 January 2004
Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)
-- 74 of 80 --
ENDNOTES
Administration and Probate Act 1969 69
Justice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005)
Assent date 6 May 2005
Commenced ss 3 and 4: 1 July 2002; s 5: 6 May 2005 (s 2(1) and (2))
Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)
Assent date 17 May 2007
Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);
rem: 17 May 2007
Unit Title Schemes Act 2009 (Act No. 14, 2009)
Assent date 26 May 2009
Commenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):
1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,
Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related
Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz
S30, 26 June 2009, p 1)
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
Evidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act
No. 23, 2012)
Assent date 21 November 2012
Commenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)
Statute Law Revision Act 2014 (Act No. 38, 2014)
Assent date 13 November 2014
Commenced 13 November 2014
Advance Personal Planning Amendment Act 2016 (Act No. 13, 2016)
Assent date 7 June 2016
Commenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act
No. 15, 2016) and Gaz S74, 27 July 2016, p 1)
Statute Law Revision Act 2018 (Act No. 10, 2018)
Assent date 23 May 2018
Commenced 20 June 2018 (Gaz S41, 20 June 2018)
Courts Legislation Amendment Act 2020 (Act No. 1, 2020)
Assent date 9 March 2020
Commenced 10 March 2020 (s 2)
Justice and Other Legislation Amendment Act 2021 (Act No. 7, 2021)
Assent date 13 April 2021
Commenced 14 April 2021 (s 2)
Justice and Licensing Legislation Amendment Act 2022 (Act No. 6, 2022)
Assent date 14 April 2022
Commenced pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022)
-- 75 of 80 --
ENDNOTES
Administration and Probate Act 1969 70
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 6 Transfer of Powers (Further Provisions) Ordinance 1977 (Act No. 51,
1977)
s 8 Transfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)
s 12 Administration and Probate Act (No. 2) 1979 (Act No. 90, 1979)
s 6 Administration and Probate Amendment Act 1985 (Act No. 9, 1985)
s 10 and sch 2 Administration and Probate Amendment Act 2002 (Act No. 2,
2002)
s 64 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003
(Act No. 1, 2004)
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Ordinances Revision
Ordinance 1973 (Act No. 87, 1973) (as amended) to: ss 3, 4, 6, 9, 10, 12, 13,
16, 18, 22, 23, 26, 30, 31, 34, 35, 41 – 44, 51, 53 – 56, 58, 61, 63, 66, 68, 69,
70, 71, 73, 75, 77 – 81, 84, 89, 91, 92, 97 – 99, 101 – 104, 106, 108, 109,
111, 113, 115, 118, 120 – 122, 124, 127, 130, 131, 135, 140, 143 – 145, 148,
149 and Sixth sch.
5 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 6, 43, 72, 74, 84, 89, 110B,
110D and 111.
6 LIST OF AMENDMENTS
lt amd No. 6, 1981, s. 4
ss 1 – 2 amd No. 6, 1981, s 4
s 3 amd No. 22, 1974, s 3; No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2
rep No. 77, 1991, s 13
s 4 rep No. 38, 1979, s 4
s 5 rep No. 22, 1974, s 4
s 6 amd No. 38, 1979, s 5; No. 90, 1979, s 4; No. 6, 1981, ss 2 and 4; No. 29,
1981, s 2; No. 91, 1981, s 2; No. 55, 1989, ss 3 and 14; No. 60, 1989, s 6;
No. 77, 1991, s 13; No. 83, 1991, s 4; No. 92, 1998, s 3; No. 11, 1999, s 4;
No. 2, 2002, s 4; No. 1, 2004, s 62; No. 7, 2007 s 16; No. 13, 2016, s 35
s 7 rep No. 51, 1977, s 3
s 8 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 6, 1981, s 4; No. 55, 1989, s 4
rep No. 77, 1991, s 13
ss 9 – 10 amd No. 6, 1981, s 4
rep No. 77, 1991, s 13
s 11 amd No. 54, 1978, s 4
rep No. 90, 1979, s 5
s 12 rep No. 90, 1979, s 5
s 13 amd No. 54, 1978, s 4
rep No. 90, 1979, s 5
s 16 amd No. 29, 1981, s 2; No. 2, 2002, s 9
s 18 amd No. 55, 1989, s 5
s 20 amd No. 2, 2002, s 9
-- 76 of 80 --
ENDNOTES
Administration and Probate Act 1969 71
s 21 amd No. 6, 1981, s 4
s 22 amd No. 37, 1974, s 10; No. 55, 1989, s 14; No. 83, 1991, s 5; No. 2, 2002,
s 9
s 23 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 90, 1979, s 6
sub No. 55, 1989, s 6
s 24 rep No. 55, 1989, s 6
s 25 amd No. 90, 1979, s 7
rep No. 55, 1989, s 6
s 26 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 55, 1989, s 14; No. 2, 2002, s 9
s 28 amd No. 2, 2002, s 9
s 30 amd No. 37, 1974, s 10; No. 2, 2002, s 9
s 31 amd No. 55, 1989, s 14; No. 83, 1991, s 11
ss 32 – 33 amd No. 2, 2002, s 9
s 34 amd No. 37, 1974, s 10; No. 55, 1989, s 7; No. 2, 2002, s 9
s 35 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 36 amd No. 2, 2002, s 9
s 37 amd No. 55, 1989, s 14
ss 38 – 39 amd No. 2, 2002, s 9
s 40 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 41 amd No. 55, 1989, ss 8 and 14; No. 2, 2002, s 9
s 42 amd No. 2, 2002, s 9
s 43 amd No. 6, 1981, s 4; No. 45, 2000, s 11; No. 2, 2002, s 9
pt III
div 2 hdg sub No. 55, 1989, s 9
s 44 amd No. 22, 1974, s 5
sub No. 55, 1989, s 9
ss 45 – 48 rep No. 55, 1989, s 9
s 49 rep No. 55, 1989, s 9
ins No. 2, 2002, s 5
s 50 amd No. 90, 1979, s 8
rep No. 55, 1989, s 9
ins No. 2, 2002, s 5
s 51 amd No. 90, 1979, s 9; No. 6, 1981, s 4
sub No. 2, 2002, s 5
ss 52 – 54 amd No. 2, 2002, s 9
s 55 amd No. 29, 1981, s 2; No. 2, 2002, s 9
s 56 amd No. 6, 1981, s 4; No. 2, 2002, s 9
s 57 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2; No. 2, 2002, s 9
s 59 amd No. 2, 2002, s 9
s 60 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 60A ins No. 23, 2012, s 30
s 61 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 62 amd No. 38, 1979, s 6; No. 2, 2002, s 9
s 63 amd No. 37, 1974, s 10; No. 2, 2002, s 9; No. 38, 2014, s 2
s 64 amd No. 83, 1991, s 11; No. 2, 2002, s 9
s 66 amd No. 29, 1981, s 2; No. 91, 1981, s 2; No. 83, 1991, s 11; No. 2, 2002, s 9
s 67 amd No. 38, 1979, s 7
sub No. 83, 1991, s 6
amd No. 2, 2002, s 9
s 67A ins No. 38, 1979, s 8
s 68 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 2, 2002, s 9; No. 6, 2022, s 18
s 69 amd No. 6, 1981, s 4; No. 2, 2002, s 9
s 70 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2; No. 83, 1991, s 7;
No. 2, 2002, s 9
pt III
div 4A hdg ins No. 38, 1979, s 9
s 71 rep No. 16, 1979, s 19
ins No. 38, 1979, s 9
-- 77 of 80 --
ENDNOTES
Administration and Probate Act 1969 72
s 71A ins No. 38, 1979, s 9
s 71B ins No. 38, 1979, s 9
amd No. 90, 1979, s 10; No. 2, 2002, s 9
s 71C ins No. 38, 1979, s 9
amd No. 11, 1998, s 2
ss 71D – 71E ins No. 38, 1979, s 9
s 71F ins No. 38, 1979, s 9
amd No. 2, 2002, s 9
pt III
div 5 hdg amd No. 83, 1991, s 11
s 72 amd No. 38, 1979, s 10; No. 55, 1989, s 10; No. 15, 2001, s 3; No. 14, 2009,
s 116; No. 10, 2018, s 6
s 73 amd No. 55, 1989, s 14; No. 83, 1991, s 8; No. 2, 2002, s 9
ss 74 – 75 amd No. 55, 1989, s 14
ss 76 – 77 amd No. 55, 1989, s 14; No. 83, 1991, s 11
s 78 amd No. 55, 1989, s 14; No. 83, 1991, s 11; No. 2, 2002, s 9
s 79 amd No. 37, 1974, s 10; No. 55, 1989, s 14; No. 83, 1991, s 9; No. 2, 2002,
s 9
s 80 amd No. 6, 1981, s 4; No. 83, 1991, s 11; No. 2, 2002, s 9
s 81 amd No. 6, 1981, s 4; No. 2, 2002, s 9; No. 59, 2002, s 5
s 83 amd No. 6, 1981, s 4
s 84 amd No. 6, 1981, s 4; No. 55, 1989, s 14; No. 33, 1991, s 7; No. 45, 2000,
s 11; No. 2, 2002, s 9
s 85 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 86 rep No. 55, 1989, s 14
s 87 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 2, 2002, s 9
s 88 amd No. 55, 1989, ss 11 and 14
s 89 amd No. 9, 1985, s 4; No. 55, 1989, s 14
sub No. 22, 1993, s 2
s 89A ins No. 9, 1985, s 5
amd No. 55, 1989, s 12
rep No. 22, 1993, s 2
s 91 amd No. 55, 1989, s 13; No. 2, 2002, s 9
s 93 amd No. 55, 1989, s 14
s 94 amd No. 2, 2002, s 9
s 95 amd No. 6, 1981, s 4
s 96 amd No. 38, 1979, s 11; No. 2, 2002, s 9
s 97 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 98 amd No. 2, 2002, s 9
s 99 amd No. 29, 1981, s 2
s 100 rep No. 55, 1989, s 14
s 101 amd No. 22, 1974, s 6; No. 6, 1981, s 4; No. 55, 1989, s 14; No. 77, 1991,
s 13; No. 92, 1998, s 3; No. 2, 2002, s 9
pt III
div 7 hdg sub No. 33, 1990, s 2
s 102 rep No. 55, 1989, s 14
ins No. 33, 1990, s 2
amd No. 2, 2002, s 9
pt III
div 8 hdg ins No. 2, 2002, s 6
s 103 amd No. 6, 1981, s 4; No. 29, 1981, s 2
rep No. 55, 1989, s 14
ins No. 2, 2002, s 6
amd No. 7, 2021, s 4
s 104 rep No. 33, 1990, s 2
ins No. 2, 2002, s 6
amd No. 20, 2005, s 4; No. 7, 2021, s 5; No. 6, 2022, s 18
-- 78 of 80 --
ENDNOTES
Administration and Probate Act 1969 73
s 105 rep No. 33, 1990, s 2
ins No. 2, 2002, s 6
s 105A ins No. 2, 2002, s 6
amd No. 12, 2010, s 3
pt IV
div 1 hdg ins No. 2, 2002, s 7
s 106 amd No. 38, 1979, s 12; No. 17, 1988, s 2; No. 92, 1998, s 3
s 107 amd No. 2, 2002, s 9; No. 40, 2010, s 118
s 108 amd No. 6, 1981, s 4; No. 17, 1988, s 3; No. 55, 1989, s 14; No. 92, 1998, s 3
s 109 amd No. 2, 2002, s 9
s 110 amd No. 2, 2002, s 9; No. 7, 2007, s 16
pt IV
div 2 hdg ins No. 2, 2002, s 8
s 110A ins No. 2, 2002, s 8
amd No. 1, 2020, s 4; No. 6, 2022, s 18
ss 110B –
110C ins No. 2, 2002, s 8
amd No. 6, 2022, s 18
s 110D ins No. 2, 2002, s 8
rep No. 7, 2021, s 6
s 111 amd No. 6, 1981, s 4; No. 11, 1998, s 2; No. 92, 1998, s 3; No. 2, 2002, s 9
sub No. 1, 2020, s 5
pt VI hdg rep No. 90, 1979, s 11
s 115 amd No. 54, 1978, s 4
rep No. 90, 1979, s 11
ss 116 – 117 rep No. 90, 1979, s 11
ss 118 – 120 amd No. 54, 1978, s 4
rep No. 90, 1979, s 11
ss 121 – 127 rep No. 90, 1979, s 11
s 128 amd No. 54, 1978, s 4
rep No. 90, 1979, s 11
ss 129 – 142 rep No. 90, 1979, s 11
ss 143 – 145 amd No. 54, 1978, s 4
rep No. 90, 1979, s 11
s 146 rep No. 55, 1989, s 14
s 147 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 148 amd No. 22, 1993, s 3; No. 40, 2010, s 118
s 149 amd No. 29, 1981, s 2; No. 55, 1989, s 14
sub No. 1, 2020, s 6
s 150 amd No. 22, 1974, s 7; No. 6, 1981, s 4; No. 29, 1981, s 2; No. 55, 1989, s 14
s 151 amd No. 6, 1981, s 4
rep No. 55, 1989, s 14
s 152A ins No. 24, 1983, s 4
amd No. 83, 1991, s 11
pt IX hdg rep No. 24, 1984, s 5
ins No. 20, 2005, s 5
s 153 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2
rep No. 24, 1984, s 5
ins No. 20, 2005, s 5
pt X hdg ins No. 7, 2021, s 7
s 154 ins No. 7, 2021, s 7
sch 1 – 2 amd No. 29, 1981, s 2
rep No. 77, 1991, s 13
sch 3 sub No. 22, 1974, s 8
amd No. 29, 1981, s 2
rep No. 24, 1983, s 6
sch 4 amd No. 29, 1981, s 2; No. 19, 2000, s 9
-- 79 of 80 --
ENDNOTES
Administration and Probate Act 1969 74
sch 5 amd No. 29, 1981, s 2
rep No. 92, 1998, s 3
sch 6 amd No. 54, 1978, s 4; No. 29, 1981, s 2; No. 24, 1983, s 7; No. 83, 1991,
s 10; No. 2, 2002, s 9; No. 38, 2014, s 2
-- 80 of 80 --