ADMINISTRATION AND PROBATE REGULATIONS 1983

NORTHERN TERRITORY OF AUSTRALIA ADMINISTRATION AND PROBATE REGULATIONS 1983 As in force at 28 June 2024 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 1A Application ....................................................................................... 1 Part 2 General matters 2 Fees ................................................................................................ 1 2AA Relevant countries ........................................................................... 1 2AB Small claim ...................................................................................... 1 2A Prescribed amounts for small estates.............................................. 1 2B Notice of intention to administer estate (prescribed information) – section 110A(3)......................................................... 2 3 Prescribed amounts and sums for distribution on intestacy ............. 2 Part 3 Transitional matters for Administration and Probate Amendment Regulations 2017 4 Application of regulation 2C ............................................................. 3 Part 4 Transitional matters for Justice and Other Legislation Amendment Act 2021 5 Application of regulation 2AB........................................................... 3 Schedule 1 Fees Schedule 2 Relevant countries or parts of countries ENDNOTES -- 1 of 9 -- -- 2 of 9 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 28 June 2024 ____________________ ADMINISTRATION AND PROBATE REGULATIONS 1983 Regulations under the Administration and Probate Act 1969 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Administration and Probate Regulations 1983. 1A Application The estate of a deceased person is to be administered in accordance with these Regulations as in force at the date of the death of the person. Part 2 General matters 2 Fees The Fees payable in respect of any matter under the Act are as specified in Schedule 1. 2AA Relevant countries For the purposes of the definition of relevant country in section 6 of the Act, the countries and parts of countries specified in Schedule 2 are prescribed. 2AB Small claim For section 104(1)(a) of the Act, the prescribed amount in relation to a claim is 250 000 monetary units. 2A Prescribed amounts for small estates (1) For section 106 of the Act, the prescribed amount is 20 000 monetary units. -- 3 of 9 -- Part 2 General matters Administration and Probate Regulations 1983 2 (2) For section 108(1)(b) of the Act, the prescribed amount is 20 000 monetary units. (3) For section 110A(1)(a) of the Act, the prescribed amount is 70 000 monetary units. 2B Notice of intention to administer estate (prescribed information) – section 110A(3) For the purposes of section 110A(3) of the Act, a notice given under section 110A(2) of the Act is to contain the following information: (a) the name and address of the professional personal representative who intends to administer the estate; (b) the name, address and occupation of the deceased person; (c) a statement to the effect that the deceased died leaving a will or died without leaving a will (as the case may be); (d) a statement to the effect that the professional personal representative intends to administer the estate under section 110A of the Act; (e) a statement to the effect that all persons having claims against the estate are requested to submit their claims in writing to the professional personal representative within 2 months after the date on which the notice is published, after which date the professional personal representative will distribute the estate having regard to the claims of which notice has been given. 3 Prescribed amounts and sums for distribution on intestacy (1) For Schedule 6, Part I, item 2 to the Act: (a) the prescribed amount under paragraph 1(a) and (b) is 370 000 monetary units; and (b) the prescribed sum under paragraph 1(b) is 370 000 monetary units. (2) For Schedule 6, Part I, item 3 to the Act: (a) the prescribed amount under paragraph 1(a) and (b) is 530 000 monetary units; and (b) the prescribed sum under paragraph 1(b) is 530 000 monetary units. -- 4 of 9 -- Part 4 Transitional matters for Justice and Other Legislation Amendment Act 2021 Administration and Probate Regulations 1983 3 Part 3 Transitional matters for Administration and Probate Amendment Regulations 2017 4 Application of regulation 2C (1) Regulation 2C, as amended by the amending Regulations, applies only in relation to the administration of an estate that commences after the commencement. (2) Regulation 2C, as in force immediately before the commencement, continues to apply in relation to the administration of an estate that commenced before the commencement. (3) In this regulation: amending Regulations means the Administration and Probate Amendment Regulations 2017. commencement means the commencement of the amending Regulations. Part 4 Transitional matters for Justice and Other Legislation Amendment Act 2021 5 Application of regulation 2AB Regulation 2AB applies only in relation to a claim made after the commencement of that regulation. -- 5 of 9 -- Schedule 1 Fees Administration and Probate Regulations 1983 4 Schedule 1 Fees section 152A(d) regulation 2 Revenue units 1. For a certified office copy, reproduced by photographic process, of a will or other document........................…………………….. and in addition, for each page……………….. 5 1 2. For an office copy, reproduced by photographic process, of a will or other document, for each page................. 1 -- 6 of 9 -- Schedule 2 Relevant countries or parts of countries Administration and Probate Regulations 1983 5 Schedule 2 Relevant countries or parts of countries regulation 2AA Antigua and Barbuda Mozambique Bahamas, The Namibia Bangladesh Nauru Barbados New Zealand Belize Nigeria Botswana Pakistan Brunei Darussalam Papua New Guinea Canada St Kitts and Nevis Cyprus St Lucia Dominica St Vincent Fiji Seychelles Gambia, The Sierra Leone Ghana Singapore Grenada Solomon Islands Guyana South Africa Hong Kong Special Administrative Region Sri Lanka India Swaziland Ireland Tanzania Jamaica Tonga Kenya Trinidad and Tobago Kiribati Tuvalu Lesotho Uganda Malawi United Kingdom (including The Channel Islands) Malaysia Vanuatu Maldives Western Samoa Malta Zambia Mauritius Zimbabwe -- 7 of 9 -- ENDNOTES Administration and Probate Regulations 1983 6 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 Regulations (SL No. 35, 1983) Notified 28 October 1983 Commenced 28 October 1983 Amendments of Administration and Probate Regulations (SL No. 48, 1998) Notified 11 November 1998 Commenced 1 December 1998 (r 1) Amendments of Administration and Probate Regulations (SL No. 8, 1999) Notified 1 April 1999 Commenced 1 April 1999 Amendment of Administration and Probate Regulations (SL No. 29, 2002) Notified 30 August 2002 Commenced 30 August 2002 Administration and Probate Amendment Regulations 2016 (SL No. 29, 2016) Notified 1 July 2016 Commenced 1 July 2016 Administration and Probate Amendment Regulations 2017 (SL No. 10, 2017) Notified 24 May 2017 Commenced 24 May 2017 Justice and Other Legislation Amendment Act 2021 (Act No. 7, 2021) Assent date 13 April 2021 Commenced 14 April 2021 (s 2) Justice Legislation Amendment Regulations 2021 (SL No. 18, 2021) Notified 3 November 2021 Commenced 3 November 2021 -- 8 of 9 -- ENDNOTES Administration and Probate Regulations 1983 7 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) Administration and Probate Amendment Regulations 2024 (SL No. 13, 2024) Date made 27 June 2024 Commenced 28 June 2024 (r 2) 3 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: rr 1 and 2C. 4 LIST OF AMENDMENTS pt 1 hdg om No. 29, 2016, r 3 ins No. 10, 2017, r 3 r 1A ins No. 48, 1998, r 3 pt 2 hdg ins No. 10, 2017, r 4 r 2 amd No. 8, 1999, r 3 r 2AA ins No. 8, 1999, r 4 r 2AB ins Act No. 7, 2021, s 9 amd Act No. 6, 2022, s 18 r 2A ins No. 48, 1998, r 4 sub No. 29, 2016, r 4 amd Act No. 6, 2022, s 18; No. 13, 2024, r 4 r 2B ins No. 29, 2002 r 2C ins No. 29, 2002 sub No. 10, 2017, r 5 rep Act No. 7, 2021, s 10 r 3 amd No. 48, 1998, r 5 sub No. 29, 2016, r 5 amd Act No. 6, 2022, s 18 pt 3 hdg ins No. 10, 2017, r 6 r 4 ins No. 10, 2017, r 6 pt 4 hdg ins Act No. 7, 2021, s 11 r 5 ins Act No. 7, 2021, s 11 sch 1 hdg amd No. 8, 1999, r 5 sch 1 amd No. 18, 2021, r 5 sch 2 ins No. 8, 1999, r 6 -- 9 of 9 --