Administration and Probate Act 1891 (SA)

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ANNO QUINQUAGRSIMO QUARTO ET QUINQUA-

GESLMO QUINTO

No* 53'1.

An Act to consolidate and amend the Law relating to

the Administration of the Estates of Deceased Persons, and to make provision for collecting Duties imposed by Law on Property derived

frotn Deceased Persons, and for other purposes.

[Asseizted to, December r pth, ~891.1

Ib i t Enacted by the Governor of the Proviice of South Aus-

and House of Assembly of the said province, in this present Parlia-

B tralia, with the advice and oonserlt of the Legislative Council

ment assembled, as follows:

PART

III .-Vesting

and Administration of Estates:

3. The

PART I.

PRELIMINARY.

1.

This Act may be cited for all purposes as '' The Administration

Bhort title and Corn-

and Probate Act, 1891 ," and shall come into operation on a day menmmnt.

to be fixed by the Governor by Proclamation in the Goverfirnent

Gazette.

2,

This Act i s divided into parts, as follows :-

I)ivision.

PART

I.-Preliminary:

Pam 11.-Jurisdiction and Procedure:

5 4 O & 55'

VICTOIZIrE, No. 537.

l % e Administration and Probate Act.-189

1.

PART

I.

3, The Acts mentioned in the First Schedule Ilereto, and the

Repeal.

rulea made on the thirteenth day of' January, one thousand eight hundred and sixty-nine, under the 'Testanientary Causes Act, 1867," are liercby repealed; bnt, as to the said Acts, to the extent mentioned in such Schedule only.

saving clause.

This repeal shall not affect-

( a ) The past operation of any enactment hereby repealed; nor

anything done or suffered under any such enactment; nar

(6) Any right, privilege, obligation, or liability xcquircd, accrued? or incurred under any enactment hereby repealed; nor

(c) Any penalty, forfeiture, or punishment incurred in respect of

any offence committed against any cnactment hereby re-

pealed; nor

(d) Any investigation, legal procceding, or rcmedy in respcct of

any such right, privilege, obligation, liability, penalty, for-

f'eiture, or punishment, as aforesaid.

Any such investigation, legal proceeding, and remedy may be carried on and prosecuted as if' this Act h i d not bcen passed.

lnterpytation of

4, I n the construction of this Act and the Schedules thereto, and

espresaons.

any rules made thereunder, the following expressions shall, unless thd context otherwise requires, have the scvcrnl meanings set against them respectively :-

"Administration."--All

letters of admii~istratinn

of the effects of

deceased persoas, whether with or without the will annexed, and whether granted for general, special, or limited pup poses:

" Administrator. "-Any

have been granted:

person to w

liom administration shall

Court," ''

the Coutt," and " the said Court )'--The Suyrenie Court of the Provincc of South Australia and any Judge thereof:

Coul-t of Frobate Act, 1858 "-An

Act of the Imperial Parlia-

ment made and passed in the twenty-first ancl twen ty-second years of Her Majesty's Reign, intituled '' An Act to amencl the Act of the twentieth and twenty-first Victoria, chapter seventy-seven ":

c'

Common form business "-'l he business of obtaining probate and adminisOration where there…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.