Administration Amending Act 1906 (NSW)

Act No. 14, 1906.

An Act to amend the Wil ls , Probate and Administration Act, 1898, and the Adminis­ tration (Validating') Act, 1 9 0 0 ; and for pur­ poses consequent thereon or incidental thereto. [16th October, 1906.]

Assembly of New South "Wales in Parliament assembled, and by the	BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative
authority of the same, as follows :—

1. This Act may be cited as the " Administration Amending

Act, 1906." In its construction, the " Principal Act " means the

Wills, Probate and Administration Act, 1898.

2. Section forty-three of the Principal Act is repealed, and the

following inserted in its place :—

The judges, or any three of them, may, by rules of court in

that behalf made, delegate to the registrar the powers of the court in
and about—

(a)	the granting of probates and administration of estates where no contention has arisen;
(b)	the passing of the accounts of executors and administrators, save in respect of the award of commission thereon ;
(c)	the granting to executors and administrators of further time to file accounts;
(d)	the authorising the sale, lease, or mortgage of any of the real estate as to which any person dies intestate where the gross value of such real estate docs not exceed two hundred pounds, and no objection is raised to such sale, lease, or mortgage :

Where any person has died intestate before or after the
commencement of this Act, and the net value of the share of his real
and personal property descending to an infant issue of such intestate did

Provided that the registrar shall, where any party interested so desires, and in cases of doubt or difficulty, refer the matter to the Probate
Judge.

3. Section fifty-four of the Principal Act is repealed, and the

following is inserted in its place :—

did not, at the time of such death, exceed five hundred pounds, the court may, on the application of such infant or of any such infants

o r o f any person on his or their behalf, authorise the administrator t o expend the whole or any portion of such share or shares of such
infant or infants i n his or their respective maintenance, advancement,
or education.

4. The f o l l o w i n g subsection i s inserted after subsection one o f

s e c t i o n eighty-two of the Principal Ac t :—

(2) In the administration of the estate of any person dying

before o r after the commencement of this Act, in respect of which
probate or letters of administration is or are granted after such commencement, no debt or liability of such person shall be entitled to any priority or preference by reason only that it is due to a n executor
or administrator o f such estate.
5. Section one hundred and thirty-six o f the Principal Act is amended by adding the following proviso :—
Provided that the curator may retain at credit of any such estate any sums o f money which he may consider likely to he r e q u i r e d to answer p a y m e n t s to be made out of such estate under any order of the c o u r t in force on the said day.

6. Section five o f the Administration (Validating) Act, 1000,

i s repealed, and the following inserted in its place:—
Where any person has died intestate, before or after the commencement of this Act, as to any real or personal estate used by him a t the time of his death in any business, trade, or occupation, the court, or the Supreme Court in its equitable jurisdiction, may authorise the executor o r administrator (whether probate or administration has been granted before or after the commencement of this Act) to postpone the realisation o f the estate so used, or any part thereof,
for such time as the court thinks fit, and in the meantime to carry on
the said b u s i n e s s , trade, or occupation, and to use therein such estate
or part thereof, subject to such conditions as the court may think fit

to impose. Act