Administration and Probate Act 1891 (SA)

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day of' January, one thousand eight hundred and sixty-nine, under the 'Testanientary Causes Act, 1867," are liercby repealed; bnt, as to the said Acts, to the extent mentioned in such Schedule only.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( a ) The past operation of any enactment hereby repealed; nor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 or incurred under any enactment hereby repealed; nor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 is no contention as to the right thereto, iucluding the passing of probates and administra- tions through the Court in contentious cases \v hen the con test is terminated, and id1 business of a non-contentious nature to

be

54O & ' 5 5 O VICTORIE, No. 537.

1

The Administration and Probate Act.-1891.

PART r,

be taken in the Court in matters of testacy ancl intestacy not being proceedings in any action, and also the business of lodg-

ing caveats against the grant of probate or administration:

" Deliver " shall include pav. "

Estate " s'haltll comprise: both ~ a l t y and persond t y :

Judge "-9 Judge of the Supreme Court:

" Matters and causes testamentary "-All matters and causes re-

lating to the grunt and revocation of probate of wills- or of

adtr~inistration :

'' Personal representative " shall mean the administrator or executo~. of any person who shall litive died since the twenty- fourth day of 0 ctober, one thousand cight hundred and sixty-eight, or who shall hereafter dic intcstatc as to the same:

"Prcscribed "-Prescribed by the rules or regulations:

" Regldations " - - T h e regulations under this Act:

C c Registrar "-The Tiegist~w of Probates, and any Acting or

Lkputy Registrar of Yrob CL t es:

Rules "---The rules under this Act.

" Thc Rcal Propcrty Act "---"%'The R e d Propcrty Act, 18813,'hnd

any Act or Actr amending thc snmc, or snbstituted therefor:

"The Northern 'l'erritory "--All that portian of the said p]-ovincc

lying to the north of the twenty-sixth parallel of south ljtitudc, and between the one hundred and twenty-ninth and the one huttdred ant1 thirty-eighth degrees of east longitude, together with the bitys and gulf there situated anrl a11 and every the islancis adjacent to any ~nainlarlti within such limits

as aforesaid:

C' Will " shall cornprehcnd " tcstamcnt " and " codicil " and all

other testamentary instruments of which probate can bc

grarlted.

PART 11. PART 11.

JURISDICTION AND PROCEDTJRE.

5, From the decease of any person dying wholly or partial1 y vastins of inteetaterr

intestate, and until admiuistration shall be granted in rcsprct of l& ~ ~ ~ ~ ~ ~ ~ a U n t i L a d m i n i a -

estate, or until an order shall have been obtained to administer the same, thc estate of snch deceased person withi11 the said province, in so far as not affected by his will, sliall be vested in the Public Trustee, in like manner and to the like effect as, immediately after the coming into operation of the " Court of Probatc Act, 1858," the personal estate and effects of lrrrsons dying intestate io England vested in the Judge of the said Court of Probate.

6. (1) Thct

4 54" & 55" VICTORIK, No. 537.

The Administration and Probate Act.-1 89 1.

PABT 11. 6. (1) The like voluntary and contentious jurisdiction and

Pmbats jud.Gction ' auth~rj ty a8 immediately before the coming into operation of this

of Supreme Court.	Act belonged to or were vested in the Su~,reme Court of the said province, in relation to granting or revoking probate of wills and letters of administration of the efkcts of dcccascd persons, shall, subject to the provisions of this Act, he vested in and exercised by the said Court in relation to granting or revoking probate of wills and letters of administration of the estate, a5 well real as personal, of deceased persons within the said provi'nce; and the Court shall have the same power of granting probate or administration, where the only estate within the province consists of realty, as if such estate comprised both realty and personalty.
(2) The said Court shall also, sabject to the provisions of this Act, have and exercise the like powers, and its grants and orders shall have the like effect within the said province, in relation to the real and personal estate therein of deceased persons, as immediately before the coming into operation of this Act the said Court and its grants and orders respectively had within the said province in relation to tl~ose matters and causes testamentary, and those effects of deceased persons, which were within the jurisdiction of the said Court.
(3) All dnties which by statute or otherwise were, immediately before the coming into operation of this Act, imposed on or to be performed by the said Supreme Court in respect to probates, or administrations, or mattcrs or causes testamentary within its j urisdic- tion shall, subject to the provisions of this Act, continue to be performed by such Court within the said province.

trar of Probates, and	Pub1icTm~be9Regis- 7. (1) The Registrar of Probates and the Public Trustee
~ i s t r i c t Registrars. shall respectively have and exercise the powers, authorities, and

duties bythis Act conferred upon them respectively, and the person or persons who, immediately after the coming into operation of this Act, shall be llcgistrar of ITrobates and Publ ic 'l'rus tee shall hold

may be removed by the Governor at any time.	such respective offices under this Act: Provided always that they
(2) The Governor may from time to time appoint another person, or other persons, to be Registrar and Public Trustee respectively, and may also appoint a Special Magistrate to be district registrar of any district registry.
(3) The offices of Registrar and Public Trustee may be hell\ by one person, but no person shall be appointed to either of such offices unless he is a, practitioner of the Supreme Court of three years' standing.
(4) The Governor may also appoint Acting or Lleputy Registrars of Probate, and such officers, clerks, and persons as he shall think fit to assist the Registrar and Public Trustee, respectively, i n their duties, and may assign to them such duties as he shall think fit.

8, The

54" & 55" VICTORIW, No. 537.

The Administration and Probate Act,--1891.

8. The Registrar shall, subject to the provisions of this PART 11.

RO&SWS p a n a.

Act, have and exercise, with reference to proceedings i;l the said. exercised immediatcly before the coming into operation of this Act.

tinue to be a body corporate under the name of " Public Trustee," Publlc Trustee. 9, The Public Trustee, and his successors in ofice, shall con- Incoyorationof

and shall by that name be capable of exercising all the functions of an incorporated body, and have perpetnal succession and a, seal, and may by that name sue and be sued, plead and be impleaded,

in all Courts and before all Justices of the Peace and others.

10. The seal of the Public Trustee shall be attached to all deeds Seal.

executed by him.

11, The Governor mav appoint an officer to act in and for the Govemnr may ap-

Northern Territory as deputy of the Public 'Cnlstec, and to be called ~ i , " k , ~ ~ ~ ~ ~ ~ ~ m

the " Public Trustcc for the h'orthern Territory"; and such officer, Territory.

before entering upon his office, shall give security, to the satisfaction

of the Governor, for the collection and due payment of and ac-

counting for all real and personal property which shall come to the

hands of such officer. The present Public Trustee for the Northern

Territory shall be deemed to have been appointrd under this Act.

12. The officer so appointed shall be under the general control ~ ~; ~; ~ ~ $ J i ~ b e m

and supervision, and shall be subject in all things to the directions Territory.

of, the: Public Trustee, and, subject to such control, supervision,

and directions, shall, in relation to the Northern Territory, perform

the duties and exercise and have the powers and immunities

provided by law with wgard to the Public Tr~nstee; and the

provisions of this Act relating to the Public Trustee shall, mutatis

rnictandzs, apply to such officer.

13. The seal to be used by such officer shall be engraved with Beal.

the words G Public 'l'rustee for the Northern Tcrritory."

14. The Public Trustee shall be subiect to the general control Public Trustee to be U

and supervision of the Governor, and slkll, before entering upon ~ ~; p " ~ ~ t ~ $ O ~ o

the duties of his office, and also from time to time, whenever re- security.

quired by the Governor so to do, give secu~ity to the satisfaction of

the Governor for the collection and due payment of and accounting

for all real and personal property which shall come to his hands, or

become vested in him by virtue of his office.

15. '1'he Public Trustee shall be incapable of becoming, as Public Trustee in- capable of acting as

Public 'l'rustee, the trustee, guardian, committee, administrator, tm8tee proprrty

executor, agent, or attorney of any person or persom in respect; of exceptunderthis Act.

any property otherwise than as Public 'l'rustee under this Act.

16. (1) The Local Courts of Moonta, Gladstone, Mount Gambier, LocdCourtsof Mount Gambier Port

Port Augusta, and Palmerston, or any of them, may, by Pro- Augusta: anam.

clamation

5 4 O & 5 5 O VICTORIE, No. 537.

-- - --p-. . - -

The Administration allcl Probate Act.-1891.

PART 11. clamation of the Governor in the Government Gazette, be appointed

merston may be

appointed diatict	a. district rekistry or district registries of the Court.
registries.	(2) Probate of a will or administration may, where the value of the estate docs not exceed One Thousand Pounds, be granted in com-
mon form by a district registrar in the name of the Supreme Court
and under the seal prescribed to be used in the district registry.
(3) No probate or administration shall be gmnted by a district registrar unless it shall appear by the afidavit of one or more of the applicants therefor that the testator or intestate had at the time of his death a fixed place of abode, to be mentioned in the affidavit, as regmds the Local Courts of Moon ta, Gladstone, Mount Gambicr or Port Augusta, within such district as may be defined by the Governor by Proclamation to be published in the Goucrnmerrt
Gazette ; and, as rcgnrds the Local Court of Yalmerston, within the
Northern Territory,

(4) Any district registrar shall refuse to grant probate or adminis-

tration in any case in which i t appears to him that the same

ought not to be granted in common form.

(5) Probate or adininis tration granted by a district registrar under this Act shall have the same efkct as probate or administration granted by the Suprcme Court, and shall equally therewith be subject to revocation by the Supreme Court.

Judge may order	proceedings in district 17. Any Judge may, on the applicatioil of any person interested,
registry to be removed order that any proceedings in a district registry be removed
to Supreme Court. into the Supreme Court, and upon such order being made and

notified to the district registrar, the whole of such procectlings sha!l be forthwith transmitted to the Supreme Court and shall become records thereof.

District registrars	18, In every case whcrc it appears to a district registrar
may in certain cases

apply through that it is donbtful whether a probate or ad~~liniatmtion applied

directions of a Judge. for should be granted, or where any question arises in relation Registrar for

to the grant or application for the grant of any prolxite, or ndminis-

tration, upon which the district registrar shall desire the directions of a Judge? the district registrar shdl transmit a, statement of the matter in question to the Registrar, who shall obtain the directions of a Judge in relation thereto. The Judge may direct the district registrar to proceed with the matter a;-

cording to such instructions as to the Judge may seem advisable, or may forbid any further proceediug by the district registrar in relation to such matter, leaving the party applying for the grant to make application to the Supreme Court.

District registrar

may in certain casee 19. In any case where any question arises in relation to the

obtdn directions of	d aty upon any property comprised i n any estate affected by the
Registrar.	grant of any district registrar, upon which the district registrar concerned shdl desire the directions of the Registrar, the district

registrar

54" & 55" VICTORIW, No. 537.

registrar s l d l transmit a stntemellt of the matter in question to	PART 11-
the Registrar, \rho slmll give otxcl~ directions to the district registrar in reference to the matter as he shall tlli111r f i t? and the district registrar shall roinply with such tlircctions,

20, ( 1 ) Ally will llcsetoforc rnntlc or hereafter to be u~ade, duly Wills may bc

executed as pro~idccl by snb-section ( 3 ) of this scction, and whereof dePOaited.

an executor or executors shall be appointed, may at anv time previous

to the death of the testator be d~posited for safe c&tody with thc Registrar by the testator, or on his behalf by any district registrar,

a solicitor, a notary public, or a comxnissioner for taking affidavits

in the Supreme ('ourt.

(2) Such will shall be enclosed by the Itegistrar. in a packet, to be by hiin sealed and indorsed with the iraines of the tmtator and executor or executors, the date of the will, the time of its being deposited, mid thc nur~iber of the deposit, and the Registrar shall cieliver to the depositor a certificate of such deposit.

(3) Every will dc1)osited ~xntler this section shall be executed by

the testator as rcquired by law, and one of' the attesting witncsscs shall be the ltegistrtlr, n district registrar, w notary public, a. solicitor, or n conimissioner for taking affidavits in the Supremc Court, who, unless he is the ltegistrar or a, district registrar, shall verify the testator's esecutiou of the will by a certificate in the prescribed form, which sllall accompany the will.

21. On depositing any codicil to a will nlrcady deposited, and Deposit of codicil.

not withdrawn, a reter~nce to t,hc nunl'ucrs of tlic will and codicil and any previously drposited codicil shall be made on the packets containiug thc will and codicil or codicils, and in the index to be kept by the Registrar.

22, A deposited will mdy be withdrawn by the testator, or some Withdraval.

one authorised by him, aud the Xegistrar shall take a receipt for

the will and enter a riwmoranclr~~n of' the withdrawal and the time

thereof in his index, and also 011 thc will, before delivery, Any other will deposit,cd by the testator shall not receive the number of the former will so witl.ldraw11. On the withdrawal of a will, the certificate of tieposit given by the Kegistrar shall be delivered up and cancelled, unless the ltegistrar shall see fit to dis- pense with such delivery.

23. (1) On the death of a testator, whose will shall a t the time Proceedings for pro.

of his death be deposited with the Hegistrar, any executor of the teststorwhers will	bate on death of
will may in person apply for probate of such will.	has been deposited.
(2) The ilegistrar shall thereupon supply the executor so apply- ing with a printed form of declaration i u the prescribed form, and upon the executor making such declaration the Registmr, if he shall think the case a proper one for the exercise of the power by this section given to him, may, on payment of all duties due, grant probate to the executor. (3) Such

8 54" 8r 55' VICTORIE, No. 537.

The Administration and Probate Act.- 1 891.

PABT 11. (3) Such probate shall be made out by the Regstrar, or a clerk in his office, and the Registrar shall make the prescribed charges for the form of declaration and for making out the probate,

Registrar to ohtain

direction of Judge in 24. In any case where it appcars to the ltegistmr do~~btful

doubtful oase. wh,ether ~ r u b a t c or administratiorl should be ~ranted. or whether he

1. "

should exercise any power or discretion appertaining to his office, he shall obtain the direction of n Judge, and act accordingly, and the Registrar shall be subject in all cases to the control a d o r d e r s of the Court.

Practice of the Court*	25. The practice of the Court in its tcstarnen t ary causes jurisdic- tion shall, except where otherwise provided bv this Act, or by the rules to be made from time to time under tlie powers hereinafter contained, be, so far as the circumstances of the case mill admit, according to the practicc of the Supreme Court immediately before the coming into operation of this Act.
Probate and admink-

tration ranted in 26, (1) When any probate or administration granted by any

or tha Court of competent jurisdiction in any of the other Austrnlasinn

United Kin dom or colonies, or in the United Kingdom, or Rny probate or administra-

by foreign 8 ourt to	be of like h e	as if	tion granted by a foreign Court, shall be produced to and a copy
panted to South	thereof deposited with the Registrar, such probate or admiuistra-

Australia, on being

re-MM. tion shall be sealed with the seal of the Supreme Court of South Aubtralia, and sl~all have the like force' and effect and the

- same operation ill South Australia, and every executor mid admiuistrator thereu~~der shall have the same rights and powers, perform the same duties, and be subject to tllc same liabilities, as if' such probate or administration had been originally granted by the Supreme Court of South Australia.

Will validly executed

in foreign country tx, (2) A will executed in any foreign country, and valid according to

be valid in gouth	the law of such country for the purpose of passing either real or
Aurrtralia.	personal estate, shall be as valid for all purposes in South
Noadministrationto	Australia as if duly executed according to the law of this province.

be sealed until duties 27. No probate or administration shall be so sealed until the

.paid snd bond en-	payment of all probate and other duties (if any) which would have
tered into.	been payable before the granting of the like probate or a.dmi~listra-
tion by the Supreme Court of South Australia, and no administra- tion sl~all be so sealed until such bond has been entered into as would have been required if such administration had been originally granted by such Supreme Court.
As to foreign probate

or administration. 28, (1) In section 26, probate or administration granted by a

foreign Court" shall mean any docunlent as to which the Registrar shall-be satisfied that it was issued out of a Court of competent jurisdiction in a foreign country other than an Australasian colony, or the United Kingdom, and that in such country i t corresponds to a probate of a will or to an administration in South Australia.

(2) In order to satisfy himself, as mentioned in sub-section (1) of

this section, the Registrar may accept a, certificate from a Consul or

Consular

54' & 55O VICTOKIZ, No. 537.

The Administration ard Probate Act.-1 891.

P*" Ir*

Consular Agent in South Australia of the foreign country, or such other evidence as shall appear to him sufficient.

29, For the purposes of sections 36 and 28 :-

'' Australasian colonies " shall mean all colonies for the .time being onthe main1 and of Australia, other than the province of South Australia, and shall also include the color~ies of

N&w Zealand, Tasmania, and Fiji, and any other British

colonies or possessions in Australasia now existing or here- after to be created, which the Governor may from time to time by Proclamation in the Gouer.nrnefit Gazette decla,re to

be Australasian colonies within the meaning of section 26:

United Kingdom " shall nlcan Great Britain and Ireland, and shall include the Channel Islands:

¶ 9

" Probate " shall include '' exemplification of probate, or any

other formal document purllorti,ng to be under the seal of a Court of competent jurisdiction, which shall, in the opinion of the Registrar, be sufficient:

Administration " shall i n cl ude exemplification of letters of

administration," or such other formal evidence of letters of administration purporting to be under the seal of a Court of competent jurisdiction as shall, in the opinion of the Regis-

trar, he sufficient.

30. On any non-contentious application for probate or adminis- ~ ' ~ ~ ~ f; ; 8 e of

tration, with the will annexed, relating to a will made in a fort~ign foreign will.

-

country other than any of' the British dominions, the Court may-

I. Grant prbbate or administration on the Consul or Consular Agent in South Australia fbr the foreign countxy, or any other person acquainted with the law of such country, testifying, to the satisfaction of the Court, that the will is valid according to such law: or

11. Issue a commission to take evidence in the foreign country

in support of the will and in proof of the law affecting the validity thereof. The provisions of the law for the time being in force with regard to commissions issued from the Court in actions depending therein shall, so far as applicable, apply to commissions issued under this section.

31, The Court may require the attcndancc of any person whom Power examine

witnesses,

i t may think fit to examine, or cause to be examined, in any action or in other proceeding in respect of matters or causes testamentary, whether an action shall be depending or not, and may examine

or cause to be examined, upon oath or affirmation, as the case

may require, parties and witnesses by word of mouth, and may either before or after, or with or without such examination, cause them, or any of them, to be examined on interrogatories, or receive their or any of their affidavits or solemn affirmations, as the

case may be. The

54' & 55' VICTORIW, NO. 537.

The Adnzinistration and Probate Act.--1891.

The Court may, by writ, require such attendance, and order to

be produced before itself, or otherwise, any deeds, evidences, or

writings, in the same form, as nearly as may be, as that in which a writ of subpand ad testij?candum, or of subpami duces tecum, is now issued by the Court. &very person disobeying any snch writ shall be considered as in contempt of the Court, and also be liable to forfeit a sum not exceeding One Hundred Pounds.

Order to produce any

instrument purporting 32, The Court may, on motion or petition, or otherwise, in a

to be testamentary.	summary way, whether any action or other poceeding shall or shall not be pending in the Court with respect to any probate or adminis- tration, order any person to produce and bring into the office of the Court, or otherwise as the Court may direct, any paper or writing being or purporting to be testamentary which may be shown to be in the possession or under the control of such person.
If i t be not shown that any such paper or writing is in the posses- sion or under the control of such person, but it shall appear that there are reasonable grounds for believing that he has knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined in open Court, or before
a Judge in Chambers, or upon interrogatories, respecting the same.
Such person shall be bound to answer such questions or interroga- tories, and, if so ordered, to produce and bring in such paper or writing, a n d shall be subject to the like process of contempt in case of default in not attending, or in not answering such questions or interrogatories, or not bringing in such paper or writing, as he would have been subject to in case he had been a party to an action iu the Court and had made such default; and the costs of any such motion, petition, or other proceeding shall be in the discretion of the Court.

Caveats. 33, Caveats against the grant of probates or administrations

may be lodgcd in the office of the Court, and, subject to the rules, the practice and procedure with regard to such cavcats in the Court	shall, as nearly as may be, correspond with the practice stud pro-	ccdure with regard to cavcats in use in the Court immediately
before the coming into operation of this Act.

Where a will affecting

real estate is proved 34, Where proceedings arc taken under this Act for proving a

in solerrln form, or is	will in solemn form, or for revokiq the probate of a. will on the
the subject of a con-
tentious proceeding,	ground of the invalidity thereof, or where in any contentious cause
the persons interested	or matter under this Act the validity of a will is disputcd, except
in the real estate to
be cited.	where the wil l affects only personal estate, the devisees, am1 other persons having or pretending interest in the real estate affwted by the will, shall, uriless the Court shall otherwise direct, be cited to see proceedings or otherwise summoned, and, subject to the rulcs under this Act or under the Supreme Court Act, 1878, or any Act amending or repealing the same, may be permitted to become parties or intervene for their respective interests in such real estate, in like mar:ner as the next of kin, or others having or pretending interest in the personal estate affected by a will are cited or sum-
moned. 36, Where

546 & 5f VICTORIfi, No. 537.

Tike Administrutkm (md Probate Act.-1 $91. - -

35, Where probate of such will is granted after such proof in --

solemn form, or where the validity of the \rill is otherwise declared

Where the will is

provedin solemn form,

by the decree or order in such contentious cause or matter as afore-

or its validity other-

said, the probate, decreo, or orcler respectively shall enure for the

decree of the Court to

wise decided on, the

benefit of all persons interested in the real ektate affected by such

be binding on the

will, and the probate copy of such will, or the administration,

persons interested in

with such will annexed, or a copy thereof rcspectivcly, stamped

the real estate.

with the seal of the Cou~ t, shall, in all Courts and in all actions and proceedings affecting real estate in the said province, of whatever tenure (save procecdiugs by way of appeal, or for the revocation of such probate or administration), bc received as conclusive evidence of the validity and contents of such will, in like rnanrler as a probate ia rcccived in evidence in mattcrs relating to the personal estate; and where probate is refused or revoked on thc ground of the invalidity of the will, or the invalidity of the will is otlmwise declared by decree or order under this Act, such decree or order shall enure for the benefit of the persons against whose interests in real estate such mill might operate, and such will shall not be received in evidence in any action or proceeding in relation to real estate, save in any proceeding by

way of appeal from such decree or order.

36. Nothing herein contained shall make it necessary to cite Persons interested in certain casee not to be

any person having or pretending interest in the real estate of a ,itnd, and not

deceased person, unless the Court is satisfied that the deceased was cited not to be affected	at the time of his decease seized of, or entitled to. or had power to by probate.
appoint by will some red estate b&dioinlly, or in any cak where the will propounded or of which the validity is in question would not in the opinion of the Court, though establislled as to personalty, affect real estate; but, in every such case, and in any other case in which the Court may, with reference to thc circumstances of the property of the deceased or otherwise, think fit, the Court may proceed without citing the persons interested in real estate: Provided that the probate, decree, or order of the Court shall not in any case affect any person in respect of his interest in real estate,
unless such person has been cited or inads party to the proceedings, or derives title under or through a pcrson so citcd or made party.

37. (1) In any iiction where according to the law as existing prior ~ ~ ~ i; ;; f ~; ~ ~

to the p assing of *' The Tcstamcn tary Causes Act, 186 7," i t would will in action con-

be necessary to produce and prove an original will in order to ; ; e t a e& " : g , l h : ' ' z ;

establish a devise or other testamentary disposition of or affecting validity of the will

real estate, it shall be lawfid for the party intending to establish in p'1tb

proof such dcvke or other testamentary tlispcrsition to give to the

opposite party, sixteen days at least before the trial or other pro-

ceeding in which t.he said proof shall be intended to be adduced,

notice that he intends at the said trial or other proceeding to give

in evidence, as provf of the devise or other testamentary disposition,

the probate of the said will, or the administration with the will

annexed, or a copy thereof stamped with the seal of the Court.

(2) In every such case such probate, or amended administration,

or copy thereof respectively, stamped as aforesaid, shall be

s~fficiea t

54' & 5 5 O VICTORIE, No. 537.

The Administration and Probate Act.-- l89 1.

PART n.	sufficient, evidence of such will, and of its validity and contents, notwithstanding the same may not have proved in solemn form, or have been otherwise declared valid in a contentious cause or matter as herein provided, unless the party receiving such notice shall,
within eight days after such receipt, give notice that he disputes the
validity of such devise or other testamentary disposition.

to cwt. of proring (3) In every case in which in any such action the original will shall be produced and proved, it shall be lawful for the Court before whom such proof shall be given to direct by which of the parties the costs thercof shall be paid.

wiU on trial.

Place of depoait of 38, There shall be one place of deposit under t,he control of the

original *S. Court, at such place in Adelaide as the Goverrior may by notice in the Government Gazette direct, in which all the original wills deposited with thc Registrar under scctiou 21, or brought into the Court, or of which probates or administrations with the will annexed have already been granted or shall he granted under this Act, and such other documents as the Court may direct, shall be deposited and preserved; and the same may be inspected under the control of the Court, and subject to the rules to bc madc under the powers hereinafter con- tained. Until the Governor shall givc a direction in this behalf, such wills and other documciits shall be deposited in the strong room attached to the office of the Court.

Oficecappof whole 39. An office copy of the whole or m y part of a will, or an

Orp&of wfl,.o:of	probate or admmstra- official certificate of the grant of or an ofice copy of any probate
tion, map be obtained: or administration, may be obtained from the Registrar on the

pay ment of such fees as are fixedby the Third Schedule; and any such office copy of a probate or administration under the seal of the Court shall bc equivalent as evidence to the original probate or ad- ministration.

Peraons to whom	40. Every person to whom administration shall bc granted
administration

granted to	bond, shall give bond to the Public Trustcc, with one or more surety or sureties, corlditioned for duly aet t h g in and administering the estate	of the deceased, for the delivery by such person at the office of h
the Public Trustee, within six months from the date of the ad- ministration, of a statement and account, verified by his declaration, of all the estate of the deceased and of his administration thereof,
and for delivering to the Public Trustee an account of his ad-
ministration of such estate, verified by his declaration, wheuever ordered by the Court so to do, and also for the performance by him of all acts and things by this Act required to be performed by administrators.
penalty in bond.	41. Such bond shall be in a penalty of the amount under which the estate of the deceased shall be sworn; but the Comt may reduce the amount of such penalty in any case, and may also order that more bonds than one be given, so as to limit the liability of any surety to such amount as to the Court may seem reasonable.

42, A

l%e Adminktration and Probate A c t. 1 8 9 1.

42. A Judge may, upon being satisfied by affidavit that it is PART

court mav di8wms parte on the application of the person entitled to obtain administra- tion.

beneficial or expedient so to do, order that administration issue with-

out any administration bond being given where the estate is under ~ ~ ~ ~ ~ f ~ ~ \ d e r

43. The Court may, on application made on motion, petition, or Power to Court to awign bond.

summons in a summary may, and on being sutisfied that the condition of such bond has been broken, order the Public Trustee to assign the same to some person to be named in such order, or may give leave to the Public Trustee to sue on such bond. Such person, his executors or administrators, or the Public Trustee, a s the case may be, shall thereupon be entitled to sue on the said bond in his own name, both at law and in equity, and as to the said person, his executors or administrators, as if the sarne had originally been given to him or them instead of to the Public Trustee, and shall be entitled to recover thereon as trustee for all persons inlerested the full amount recoverable in respect of any breach of the conditions of the said bond.

44, Every administrator shall, within six months from the statement and

date of the administration, deliver at the office of the Public deGvered.	account to be
Trustee a statement and account, verified by his declaration, of all the estate of the deceased and of his administration thereof.

45. (1) If at any time any administrator shall make default in Proceeding8to compel account.

compliance with the last preceding section, or, being ordered to

deliver an account of his administration as mentioned in section 41.

shall neglect to dcliver the sarne verified as aforesaid for one month after the date appointed for ttlat purpose, the Public Trustee or any person interested may cause the administrator to be summoned before a Judge to show cause why he should not deliver such	account forthwith. In case the administrator, being duly served	with surh summons, shall not attend before the Judge at the time
and place mentioned therein, or shall not show any reasonable cause to the contrary, it shall be lawful for the Judge fiom time to time to order the adminifitrator to deliver the statement and account, or the account, verified as aforesaid, either forthwith or within such further time as the Judge shall think fit to allow.
(2) On default in compliance with any order under the last preceding sub-section, a Judgc may order the administrator in default to pay to the Public Trustee ar person so applying any sum, not exceeding One Hundred Pounds, for every such default.
(3) Proceedings being taken under this section shall not prevent the Court from ordering the assignment of the bond to any person with a view of enforcing the penalty thereof as hereinbefbre men- tioned, or giving leave to the Public Trustee to sue on the bond.

(4) All

The Administration and Pro bate Act. - 1 8 9 2

PART xr. (4) All costs and expenses of and incidental to the snmmoning ot any administrator pimuant to this section shall either bc chargeable to or paid out of the estate in respect of which such administrator shall be summoned, or sliall be paid by such administrator, as the Judge shall order.

Public Trustee may 46. Pending any action touching the validity of the will of any

~ ~ $ ~ ~ ~ ~ ~ ~ ' ~, -	deceased person, or for obtainir~g or revoking any grant of probate or
administration, the Court may by order appoint the Public Trustee " "
to be the administrator of the estate of such heceased person; and the
Public 'l'rustee shall thereupon have all the rights and powers of a
general administrator othcr than the right of distributing the residue of such estate, a d he shall be under the immediate control of the Court, and act under its direction.
Public Trustee acting

Remuneration of 47. The Court may direct that the Public Trustee, acting as

such administrator pending action, shall out of the estate of

pendmte hte.

the deceased such reasonable remuneration as the Court may think fit, not exceeding Five Pounds per centum on moneys collected

up to One Thousand Pounds, and not exceeding 'l'wo Pounds Ten

Shillings per centum on the excess over One Thousand Pounds.

Court may order 48. The Court may order that administration, either with or

admini8tration be

ranted to I'ublic	without a will annexed, be granted to the Public Trustee: or may
L s t e e in certain	make an order auttmrising the Public Trustee to administer the
C8888.	estate of a deceased person in any of the following cases:-

I. Where, in the opinion of the Court, the deceased shall have died insolvent, or a creditor of his would be entitled to obtain administration of his estate, or to institute an action for the administration of such estate. In any case coming undcr this sub-section, where probate or administration shall have been granted to any person other than the Public 'l'rustect, the Court may order that the same bc revoked, but such revocation shall not affect the

validity of any proceedings taken or act done under such

probate or adrninistrzt' r lOn:

11. Where the deceased shall have died wholly or partially

intestate, leaving estate within the province, but not a widow or lawful next of kin resident therein and of the age of twenty-one years:

111. Where the deceascd shall have made a will without leaving any executor thereof resident within the said province, and willing to act and eayablc of acting in the execution of such will, and there shall be no person of the age of twenty-one ycars in the said province entitled to obtain administration with such will annexed:

xv. Where the deceased ehall have made a will and appointed an executor or executors thereof, and probate of such will shall not have been obtained within four months from the

death of the testator: v. Where

54' & 55' VICTORIE, No. 537.

The Administration and Probate A c t. 1 8 9 1.

v. Where any person entitled to obtain administration, with or without a will annexcd, shall not obtain the slame within three months after the dcath of the deceased:

vr. Where probate or administration shall have been granted to any person who shall desire to retire from the office of

executor or administrator. In such a case the Court may revoke the probate or administration, without prejudice to

any proceedings or act thereunder.

49. (1 ) An order may be made under the last p~eceding section on On whose application

thc application of the Public Trustee, or of any person interested in	wder may be made.
the estate, including a creditor, or of a guardian or blood relation of any person interested in the estate who shall bc under the age of twenty-one years, and may be obtained either ea> parte or upon such notice to such persons as the Court may in any case direct.
Public Trustee need
(2) The Public Trustee need not, on obtaining administration, enter into any bond or give any security.	not give aeourity on
obtaining adminie- tration.
(3) 'l'he Public Trustee having had administration granted to him, or being authorised to administer under section 48, shall, where	Trustee on obtaining
Duties of Public
administration.
there are creditors of the deceased person, administer the estate in the same manner as it would ha,ve been admini.;tercd for the benefit of creditors under a decree of the Supreme Court,, and shall, subject to the approval of the Court, have, for the purposes of such adminis- tration, power of sale of r e d estate.
(4) After the grant of administration to the Public Trustee, or the making of an order authorising him to administer the estate ofa	No action to be inati.
tuted after Public
Trustee has obtained
deceased Grsun, no person shall hstitute any action or other pro-	administration.
ceeding to recover any rnoncy from the estate of the deceased or for the administration of such estate, and any such action or proceeding previously c.ornrnenced shall, on the application of the Public Trustee, be stayed on such terms as to costs and otherwise as the

Court shall think fit.

50, Whenever it shall appear to the Court that thcrc is rcason- able ground to suppose that any person has died, leaving property

Where there is

reasonable ground to

believe that an per-

within the said province, and that such person has died intestate

son has died, tEe Public Trustee may

or his will shall not have been duly proved within a reasonable

obtain an order to

time after his death, the Court may order the Public Trustee to

administer without

strict legal proof of

administer the cstatc of such person without requiring strict proof

death.

of his death; and every such ortler sllall be in force until revoked, and shall elrrpower the Public Trustee to administer the estate of the supposed deceased person for the benefit of his creditors, and to piby and discharge his debts and liabilities as if he were dead, and the Public Trustee had obtained an order to administer the estate under section 48.

51, VTrhere an order shall have been made under section 48	payment of creditors
Proceedings after

or section 50, the Court, on being sat.isfied that the creditors, if any,	undur ordor for
of the deceased have been fully paid, may-	administration.

I, Order

54' & 55Q VICTOKIW, No. 537.

The Admz~istration and Probate A c t. 1 8 9 1.

PAXT 11.

-	I. Order that probate be granted to any executor entitled to probate of the will of the deceased, and upon such grant the administration or order for administering granted in favor of the Public Trustee shall be revoked without affecting the validity of any proceedings or act under such administration or order:
11. Order, whether such probate be granted or not or whether there be a will or not, that all estate vested in or under the control of the Public Trustee be vested in or transferred or delivered to any pdrson or persons entitled thereto, whether in trust or beneficially.

I n case of an order havmg been made under section 50, no order ghall be made under this scction unless the Court shall think that the special circumstances of the case and the lapse of time since the order to administer justify an order under this section.

Probate or adminis-

tration may be granted	52. When any person entitled to probate or administration, person within the jurisdiction to act for him, probate or administra- tion rnay be granted to such agent on behalf of the person appoint- ing him.
to duly authorbed	being out of the jurisdiction, shall, by power of attorney, appoint a
attorney.
After grant of ad-
ministration no pereon	53. Subject to the provisions of this Act, after any grant of action, or otherwise act as executor of the deceased, as to the estate comprised in or affected by such grant, until such administration shall have bee11 recalled or revoked.
to have power to sue	administration no person shall have power to sue or prosecute any
aa executor.
WWJ

renouhing, not 54. Where any person, after the passing of this Act, renounces

acting, or appar- probate of the will of which he is appointed executor or one of the

h 3 when cited* to

cease as if he had not	executors, and whenever an executor appointed in a will survives
been named in will.	the testator, but dies without having taken probate, and whenever an executor named in a will is cited to take probate, and does not appear to such citation, the right of such person or executor in respect of the executorship shall wholly cease, and the representation
to the testator and the administration of his estate shall and may, without any further renunciation, go, devolve, and be committed in
like manner as if such person had not been appointed executor.
ministrator out of

If executor or ad- 55. If at the expiration of twelve months from the death of

jurisdiction, special	any person the executor to whom probate of the will, or the
adminietrator may be
appointed.	administrator to whom administration of' the personal estate or of the estatc of such deceased person shall have been granted, is residing out of the said province, the Court may, upon the applica- tion of the widow, or of any creditor or next of kin, or of any person interested under the will, or of the Public Trustee, grant to the applicant special administration, limited to the collection, management, and distribution of the estate of such deceased person, and to cease upon the return of the executor or adminis- trator to the said province, and an order being made fbr the rescission thereof as hereinafter mentioned. 56, The

54" & 55" VICTORIE, No. 537. p-

The Administrcltion and Probate Act.-1 89 1,

56, The person applying ivr any such special grant shall, in addition to the oath llsiially taken by administrators, make oath

to make oertain

Special administrator

that the executor or administrator of such deceased person is

affidavits.

resident out of the said province, and if thc applicant be not the Public Trustee, that he is thereby delayed in recovering ar obtain- ing payment of moneys or the possession of estate to which he is by law entitled.

57. On the return to thc said province of the executor or administrator to whom probate or adrninistration shall originally

executor or ad-

On return of original

ministrator, special administration to be

have been granted, such exccutor or administrator may apply to the

rescinded.

Court, by petition, to rescind the special grant of administration, and the Clou~t, on the hearing of such petition, upon being satisfied that snch executor or admi'nistrtttor bond J i de intends to remain within the said province until the estate of the dcceased h is been duly administered, may make an order to rescind the special grant, upon such terms and conditions as to security, costs, or otherwise as to the Court may seem reasonable.

On order being made

58, Upon any order being made by the Court for the rescission of any grant of special administration, the special administrator

for rescission, special

administrator to account and pay over

shall duly account to the original exccutor or administrator, and

money.

pay over and deliver all goods and moneys rcccived by him, and transfer all lands vested in him, as such special administrator, and then remaining undisposed of.

59. If such executor or adniinistrator shall neglect to apply for an order for the rescission of such special administration, he shall,

administrator liable,

Original executor or

although special

administration not

notwithstanding such special administration remains unreecinded, be

rescinded.

liable to answer and make good all claims alrd demands against the estate of the deceased to the extent of the assets which have come to his hands, or which might have come to his hands but for hie

wilful neglect or default.

60. Where, before the revocation of any probate or administra-	grants not to prejudice
Revocation of

tion, or the rescission of any special administration, proceedings have	actions.
been commenced by or against the executor or administrator who obtained such probate or administration, the Court in which such proceedings are pending may order the revocation or rescission of such probate or administration, and the grant of any probate or administration which may be made consequcnt thereon, to be notified upon the record; and thereupon. the proceedings shall be continued
in the name of or against the new or original exccutor or adminis-
trator in like manner as if the proceedings had been originally commenced by or against such new or original cxccutor, or arlminis- trator, but subject to such conditions and variations, if any, as the Court may direct.

61. All persons making any payment or transfer bond JicIe P e r s o n ~ r n a ~ ~ payments or transfers

upon any probate, administration, or order granted in respect of i, , , , , ,, -

the estate of any dcceased person, under the authority of this Act, indemnified.

C-537 shall

54" & 55" VICTORIE, No. 537.

The Administrution and Probate Act.-1891.

shdl be indemnified and protected in so doing, notwithstanding any

defect or circumstance tvhat,soever affecting the validity of such yro-

bate, administration, or order, or any subsequent revocation or

rescission thereof.

Exeoutor or ad.

minidrator not 62. (11 No executor or adrninistmtor making any payment or

liable for acts done	transfer, or doing any act honk $de under or in pursuance of any
bond j d e.	prnbate or administration under this Act, shall, on the revocation or rescission of the probate or administration, be liable in respect of such payment, transfer, or act, if it was justified under the probate or administration.
Proviso.	(2) Nothing herein contained shall affect the rights of any person against the person to whom any such payment or transfer shall have been made.
allowed to executora,

Commission may be 63. (1) The Court may allow to any executor, administrator, or

adminiatratore, or	trustee, whether of the estate of a deceased person or otherwise,
trustees.	such commission or other remuneration out of the estate or trust property, and either periodically or otherwiae, as shall be just and reasonable.
(2) No allowance shall be made to any administrator who shall neglect to deliver the statement and account required by section
41, as by siich section required, or within such reasonable time as
may be allowed by thc Court; or to dispose of any estate with which he shall be chargeable according to the due course of administration.
(3) Every administrator so neglecting to dispose of any estatc with which he shall be chargeable shall be charged with interest a t the rate of Seven Pounds per centum per annurn for such sum and sums of money as from time to time shall have been in his hands, whether
he shall or shall not make interest thereof.

PART 111.

VESTlNG ANI) ADMINISTRATION OF ESTATES.

Land to vent in

executor or adminis- 64. (1) Land shall, after the death of the owner, and subject to

trator of owner.	any mortgage, trust, or equity affecting the same, pass tb and
become vested in his executor or administrator as if it were a chattel rea*l, and such executor or administrator shall hold and deal with such land, and the same and the proceeds thereof, if sold, shall for all purposes be assets in his hands, and disposable and distributable for thc payment of the debts and liabilities of the owner arid under his will or intestacy as if such land had been a chattel real.
(2) No widow shall be entitled to her dower, nor husband to his curtesy, out of any lands passhg under the provisions of this section.
(3) This section shall not affect the order in which, as between persons claiming under the owner the assets of his estate the

liable

54" & 55' VICTORIB, No. 537.

The Administration and Probate Act.-1891.

liable for the payment of debts or legacies, nor shall this section PART 111.

be deemed to impose any charge on land for the payment of

legacies.

65. The Court may from time to time, upon the petition of the court may make

of proceedings which shall be taken in regard to the time and mode of sale of any lands passing under section 64 of this Act and de- volving under an iutestacy, the letting and management thereof until sale, the application for maintenance or advancement or otherwise of shares or interests of ' infmts, the expediency and mode of effecting a partition if applied for, and genemlly in regard to the administration of the property for the greatest advantage of all persons interested.

executor or administrator, or any person beneficially interested, and ~'~~~~~

after such previous notice as may be prescribed by the rules of the undeviaedlan&s+

66. In any case wherein upon such inquiry the Court shall be C O U ~ ~ B ~ order

satisfied t.hat a partition of the land would be advantageous to the partition.

p~rt ies interested, the Court may appoint one or more arbitrators to

effect such partition, and to exercise in regard thereto under its

direction and control powers similar to those of oommissioners

acting under a decree for partition. Upon the report and final

award of the arbitrators setting forth the particulars of the land

allotted to each party interested, the executor or administrator shall

convey or transfer the land accordingly.

67. For the purposes of section 64-	Interpretation.
Land " shall mean and include messuages. lands, tenements, rents, and hercditaments, whether corporeal or incorporeal, and any share, estate, and interest in them, or any of them, whether the same shall be a freehold or chattel interest; and any possibility, right, or title of entry or action, whether	C	'

the same shall be in possession, reversion, remainder, or contingency:

Owner " shall mean and include any person (including a married woman) seised, or possessed of, or entitled to any berdicial estate or interest in land as before defined, whether legal or equitable (and as to a married woman, whether for her separate use or otherwise) which he or she had, or would were he or she of full age and not under coverture have had power to dispose of by will, and which but for this Act or

The Intestate Real Estates Distribution Act, 1867," would

go to his or her heir-at-law, or executor, or administrator.

68, (1) In all Acts of Parliament, deeds, and document8 in force Construction W O I ~

after the day on which '' The Intestate Real Estates Distribution "heirs."

Act, 1867," came into operation? the word a heirs " shall, in relation

to the deceased owners of land passing under section l of such Act,

and so far as regards such land, mean and include the personal representative of the deceased owner. P I In

54' & 55' VICTORIA, No. 537.

The Administration and Probate Act.- 1 891.

(2) In all Acts of Parliament, deeds, and documents hereafter in force the word "heirs" shall, in relation to the deceased owner of land passing under section 64 of this Act, and so far as regards such land, mean and include the executor or administrator of the deceased owner.

Saving clause.	69. Section 6 of C C The Intestate Real Estates Distribution Act, 1867," shall, notwithstanding the repeal by this Act effected, con- tinue in force so far as regards any administration or probate granted between the coming into operation of such Act and of this Act respectively.
Dbtribution of
eatate of married	70. On the death of a married woman, and subject to the provisions of section 71, her estate shall, so fttr as not devised, bequeathed, or otherwise disposed of, and subject to any mortgage, trust, or equity affecting the same, and to the ;ights of her creditors and of other persons having clainrs against such estate, be held by her executor or administrator for division or distribution in manner following :-
woman.

I. If she shall have left a.ny child or remoter issue surviving her,

her husband shall be entitled to one-t,hird of her said

estate:

11. Tf she shall not have left any child or remoter issue surviving

h.er, her husband shall be entitled to one-half of her said

estate:

111. In either case the residue of her said estate shall belong to

the persons to whom it would have belonged had it been the whole of her personal estate, and had she died before the passing of 'l'he Intestate Married Women's lteai Estates Distribution Act," number 324 of 1884, intestate and unmarried, such persons to take in the respective shares in which they would have taken such personid estate.

Succeseion of widow

or widower.

71. (1) The following provisions shall have eff'ect as regards the estate of any person dying after the day on which this Act shall come into operation, and leaving a widow or widowcr but no issue, so far as such estate shall not be devised, bequeathed, or otherwise disposed of, and subject to anv mortgage, trust, or equity affecting the same, and to the rights 02 the creditors of such person and of others having claims against his or her estate.

Where intestate estate

does not exceed Five (2) Such estate shall, in all cases where its net value shall not

Hundred Pounda.

exceed Five Hundred Pounds, belong to the widow or widower

absolutely.

Where estate does

exceed Five

(3) Where the net value of such estate shall exceed Five Hundred Pounds, the widow or widower shall be entitled to Five I lunched Pounds thereof absolutely and shall have a charge upon the whole of such estate for such Five Hundred Pounds, with interest thereon from the date of the death of the intestate at eight per ccntum per annum until payment. (4) The

Rundred Pounds.

54@ & 55@ VICTORIB, No. 537.

The Administration and Pro bate A c t. 1 8 9 1.

(4) The provision for the widow or widower intended to be made by this section shall be in addition and without prejudice to he^ or his interest ancl share in thc residue of the estate remaining after payment of the sum of Five Hundred Pounds, in the same way as

if such residue had been 'the whole of the deceased person's estate,

and the provisions of this section had not been enacted.

72. (1) So far as regards succession to any estate under the total

or partial intestacy of a woman, her illegitinmte child shall have

the same sight and title as if he were legitimate.

illegitimate child.

Suco~ssion of

(2) So far as regards succession to any estate under the total or partial intestacy ot' an illegitimate child, his next of kin on his

Next of kin of

illegitimate child,

mother's side shall have the same right and title as if such child

were legitimate.

73, Where the personal representative of a deceased person is entitled under Act No. 3 of 1874, or any Act amending the same

Suma under One Hundred Pounds

payable to pereonnl

or substituted therefor, to any sum not exceeding One Hundred

representative,

Pounds, such sum may, with the 'I'reasurcr's consent and on such terms and conditions as he shall approve, be paid to the permn who shall appear to the Treasurer to be entitlcd to take out letters of administration to tho estntc of the deceased, or to probate of his will; or, if such person be an infant, then to his guardian, or to such other person on his bchalf as the Treasurer shall think fit.

74, (1) In the administration of the estate of every pcrson who	All specialty and
simple contract debte

shall have died on or after the first day of January, one thousand	of deceased person8
eight hundred and eighty, no debt or liability of such pcrson shall	to stand in equal
be entitled to any priority or preference by reason merely that the	degree.
same is secured by or arises under a bond, deed, or other instru- ment under seal, or is otherwisc made or constituted a specialty debt; but all the creditors of such person, as well specialty as simple contract, shall be treatcd as standing in equal degree, and
be paid accordingly out of the assets of such deceased person, whether such assets are legal or equitable, any statute or other law	to the contrary notwithstanding.
(2) This section shall not pwjudice or affect any bond, deed, or other instrument under seal given or executed befbrc the coming into operation of Act No. 140 of l 8 7 9 ; but all such bonds: deeds, or other instruments shall be entitled to priority or preference, according to the law in force before the passing of such Act.
(3) This section shall not prejudice or affect, any lien, charge, or other security which any creditor may hold or be entitled to for the payment of his debt.
75. (l) When any person shall have died after the coming into operation of this Act, seised of or entitled to any estate or interest	not to claim payment
Devisee of real estate
of mortgage out of
in any land or other hereditaments in thc said province, which shall,	personal sasete.
at thk time of his death, be charged with the payment of money, by way of mortgage or other legal or equitable charge, including

any

54" & 55' VICTORIW, No. 537.

The Administration and Probate Act .1891.

any lien for unpaid purchase-money, and such person shall not, by -his will, or deed, or other document, have signified any contrary or other intention, the person becoming beneficially entitled to such

land or heredita~xients through or under the. deceased person shall

not be entitled to have money satisfied out of the personal estate, or any other real estate, of the deceased; but the land or heredit&- m a t s so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of all money with which the same shall be charged, every part thereof, according to its value, bearing a proportionate part of the money charged on the whole.

(2) The contrary or other intention mentioned in sub-section (l)

shall not be deemed to be signified by a direction for payment of debts out of, or a charge of debts upon, personal estate, or residuary real and personal estate, or residuary real estate, but such intention must be signified expressly and by distinct reference to the money charged.

Not to affect rights

claimed under any (3) Nothing in this section contained shall affect or diminish

will, t o. , before the	any right of the mortgagee of such lands or hereditaments to
commencement of	obtain full payment or satisfaction of his mortgage debt, either
this Act.	out of the personal estate of the person so dying or otherwise, nor affect-the rights of any person claiming under or by virtue of any will, deed, or document made before the first coming into opera- tion of this Act.

W o f d e c h t i o n s. 76, (1) Any executor, administrator, or creditor of a person

dying after the commencement of this Act may file with the Regis- trar a declaration that he believes the estate of the deceased to be insufficient for the payment of its liabilities.

(2) On such a declaration being filed by n creditor, he shall. if

probate or administration has bcen granted, scrvc a copy of the declaration with a memorandum of the date of filing on the executor

or administrator.

(3) If probate or administration be granted after the filing of the declaration by a creditor, the Registrar shall, on issuing the probate or administration, issue therewith to the executor or administrator a copy of the declaration with a memorandum of the date of filing.

(4) After the service on or issue to the executor or administrator of the copv and memorandum where the declaration has been filed by a crediior, or after the filing of the declaration by an exeoutor or administrator, the executor or ~ldministrator shall administer the estate so far as concerns the payment of liabilities in the same manner so far as practicable as it would have been administered for the benefit of creditors under a decree of the Supreme Court; and the Court may, on the application, ezparte or otherwise, of the executor or administrator or of a creditor, order that any action against the executor or administrator shall not proceed beyond judgment without the leave of the Court.

54" & 5 5 O VICTORIIE, No. 537.

The Administration and ProSate A c t. 1 8 9 1.

- ---- - .-. --

(5) Any person entitled to make a claim against the estate under

the next following section shall be deemed a creditor for the

purposes of this section.

77,	In any administration by the Public Trustee under section 49	Rules in insolvency
administration to

where the estate may prove insufficient for the pay men t in fu l l of the prevail in certain Of4898

debts and liabilities of the deceased, and in any administration by an executor or administrator under section 76, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, atld as to the valuation of annuities and future or contingent liabilities respectively, as may be in force for the time being under the law of insolvency with respcct to the estates of persons adjudged insolvent;

and all persons who in any such case would be entitled to prove for

and receive dividends out of the estate of the deceased person, may come in under the administration of such estate, and make such claims against thc same as they may respectively be entitled to by virtue of this Act.

Estate, bow adminia-

78. In an administration by the Supreme Court, or. under section tared.

50, by the Public Trustee, of' the estate of a person dying after the

commencement of this Act, and in the administration of any such estate by the executor or administrator under scction 76, the fol- lowing provisions shall have effect :--

I. The executor or administrator shall have no right of retainer:

11. A creditor who has at any time obtained judgment against the

executor or administrator shall not, by reason of the

judgment, have any priority over other creditors:

Ixr. Legal assets shall, subject to this Act, be administered in the same manner as equitable assets,

79. (1) Every executor or administrator shall, whether there be Executor or adminier

trator to have powei

a charge of debts, or a trust for payment of debts, or not, have the	of sale of real estate
same power of sale of real estate for payment of debts as an executor	for payment of debts,
now has with regard to personal estate.
(2) No person purchasing real estate of a deceased person from his executor or administrator shall be bound or concerned to inquire as to the existencc of debts, the necessity for sale, or the

application of the purchase-mon ey.

Court may order aale

80. The Court may, on the application by petition, summons, or of infant's property.

otherwise of any executor, administrator, or trustee in whom any real or personal property, whether specifically devised or bequeathed or not, belonging to any infant shall be vested, or on the like appli- cation of the guardian of the estate or the next friend of any infant " beneficially entitled to any real or personal property, whethe; specifi- cally devised or bequeathed or not, order that such property, or any part thereof, be sold i n any case in which thc Court shall consider it for the benefit of the infant that such sale should be effected.

24 54' & 5 5 O VICTORIlE, No. 537.

The Administration and Pro bate Act,-- 1 89 1.

PART III.

Cornmar 81. (1) The Court may, where it shall think it beneficial so to

to postpone reahsahon do, give leave to an executor, administrator, or trustee of a deceased

or cmy business. person, or to the Public Trustee-

(a) To postpone, for such period as the Court may think ex- pedient, the realisation of the estate or trust property:

(6) To carry on, for such period or periods as the Court may from time to time think expedient, the business or affairs of the testator or intestate, and for that purpose to use his estate, or such portion thereof as thc Court shall direct,

(2) An executor, administrator, or trustce acting in pursuance of

leave given undcr this section shall not be answertlblc for conse-

quent loss, except in case of breach of trust, negligence, or wilful

default.

(3) An order under this section may be made eithcr ex parte or on such notice as the Court shall in any case think proper, and may be varied from time to time as the Court may think fit,

Administrator to pay	82, Every administrator who shall be possessed of or entitled
over money, and

deliver property to	to any property, whether pcrsonal or real, belonging to any person
Public Trustee.	not sui .juris, or noc resident in the said province, and without any
duly authorised agent or attorney therein, shall deliver, convey, or
transfer such property to the Public Trustee immediately after the expiration of one year from the date of the death of the intestate or testator, or within six months after such sooner time as the same, or such portion thereof as shall be available for that purpose, shall have been sold, realised, collected, or got in. The Public Trustee shall then administer such property according to law, and in accor- dance with any will affecting such property.

Judge may dispense (1) A Judge may, on being satisfied by affidavit that i t is bcnc-

yholly or art~ally

with oompEance ritb ficial or expedient so to do, order-

potion 82.

(a) That any administrator, or proposed administrator, shall not be bound by section 82 of this Act:

( b ) That any administrator, or proposed administrator, shall not be bound by the said section 82 until after a certain time to be mentioned in the order, which time may be enlarged

by a subsequent order:

(2) Any such order may be obtained e x parte on the application

of the administrator or proposed administrator, and may be granted

notwithstanding that an order may have already been made under

section 1, sub-section II. , of Act No. 486 of 1890.

(3) The making of such order shall, if the Court shall so direct, have the effect of discharging from further responsibility all parties to the bond, if any, given to the Public Trustee upon the granting of the administration.

(4) The

54" & 55' VICTORIW, No. 537.

The Administration and Probate Act.--189 1.

(4) The Public Trustee, or anv person interested, may issue a PART 1x1.

summons requiring the adrninistcator, or proposed administrator, to appear before a Judge to show cause why such order should not be set aside, and the Judge may set aside such order, or vary the same, or make such other order as seems to him best.

83. From the coming into operation of the "Public Trustee "CuratorofIntmtata Estates" to be read

Act, 1880," wherever thc expression " Curator of Intestate Estates " asi f"Publ ieTrus~~'

shall occur in any Act, document, deed, or instrument, the same 8ubstitutedtherefo'.

shall be read and construed as if the expression '' Public Trustee "

were substituted therefor.

84, (1 ) The Public Trustee shall require administrators and other Duties of Public

persons to deliver, convey, or transfer to him all property to which masng inn.i.i.s*	Trustee in regard to
he shall become entitled under the ~rovisions hereof: and for the purpose of ascertaining whether any gdrninistrator, or 'other person, is possessed of or entitled to any property which should be so delivered, conveyed, or transferred, the Public Trustee may institute such inqniries as he shall think proper regarding the particulars of estates under administration and held in trust, and may, by summons under his hand, require any administrator or other person to appear before him, and answer all questions that he may put to such administrator or other person with reference to any estate: Provided that the Public Trustee shall pay or tender to the person so slrrnmoned the same amount as such person wonld have
been entitled to had he been summoned as a witness to the Supreme
Court.

(2) Any administrator or other person who, after receiving such

summons, shall fail to attend at the time and place mentioned attend, &C.

therein, or who shall. neglect to truly answer theAquestions put to

him bv or on behalf of the Public Trustee, shall forfeit and pay a

penal& not exceeding Ten Pounds for each otfence.

on failUra to

85 . (1) If any administrator or other person shall fail to deliver,

convey, or transfer to the Public '.L'rustee all property to which the administratoror other Power to summon Public Trustee is entitled under the provisions hereof, or if the peraon before Judge. procedure in the last section provided shall fail to elicit the

particulars required, the Public Trustee may issue a summons requiring such administrator. or other person, or any persou who may be supposed to be in possession of information relevant to the matter under investigation, to appear before a Judge, at a time and place to be thcrein mentioned, for the purpose of being examined touching such matters, and to produce any books, papers, deeds, or documents.

(2) If the Judge shall be of opinion that such administrator or Order for transfa of

property. person to deliver, convey, or transfer all such property to the

other person is possessed of or entitled to any property that should

be delivered, conveyed, or transferred to the- Public Trustee, the

Public

54" & 55" VICTORI&, No. 537. ----p

The Administration and Probate Act.-1891.

111. Public Trustee within such time as the Judge may deem expedient Such order may be made in the absence of the person summoned,

if the summons has been duly served upon him.

Order as to cods.

(3) The Judge may order such administrator or other person to pay all costs and expenses of and incidental to snch summons and any examination consequent thereon, and if the Judge shall not so order, then such costs and expenses shall be paid, by the adminis- trator of the estate with reference to which the proceedings shall be taken, out of the general funds of such estate in priority to all other claims, or, if the Judge shall so order, out of any particular portion of such funds.

Resdtofdimbedieuce

of summona. 86. Any administrator or other person who, after receiving any

summons under this Act to appear before a Judge, shall fail to attend at the time and place mentioned, or who, upon attending, shall refuse to be swo~m or neglect to answer any question that may be put to him by or on behalf' of the Public Trustee; or who, having been summoned to produce any books, papers, deeds, or documents shall fail to produce the same without valid excuse, or, if so required, hand such books, papers, deedg, or documents over to the Public Trustee, or who shall disobey any order made by a Judge upon the hearing of any such summons, shall bc guilty of contempt of Court; and a Judge may make an order for t h ~ arrest of such administrator or other person, and his imprisonment, either f r such period as the Judge shall think fit or until he shall have purged his contempt to the satisfaction of a Judge.

Costs.	The Judge may also order such administrator or other person to pay the costs of such proceedings.
Administration	men relieved. hOnds-	87. The delivery, conveyance, or transfer by an administrator to the Public Trustee of anv wo~er tv, pursuant to section 82 of thi~l
Act, shall have the effect' i f dis&ai&ng all parties to the bond
given to the Curator of Intestate Estates, or Public Trustee, upon the granting of the administration, from further responsibility in respect
of the property so delivered, conveyed, or transferred.
Moneyareceivea by

Public Trustee to be 88. (1) All moneys belonging to any estate received by the

paid into bank and	Public Trustee under this Act shall forthwith be paid by him to R111
invested.	account at some incorporated or chartered bank in Adelaide, to bc approved by a Judge, and shall then, until required for payment to the persons entitled thereto, be invested by the Public Trustee.

rnvestmentOfmon~s~ (2) Whcre thcrc is no trust requiring tlie investment of the

moneys in specified securities, such moneys shall be invested-

(a) I n bonds, bills, notes, or other securities of or guaranteed by the Government of the said province:

( b ) On loan to the trustees of the Savings Bank of the said

province: or

(C) On

54' & 5 5 O VICTURIE, No. 537.

The ~ d h i n i s t r a t i o n and Probate Act.-1891.

(c) On deposit with any incorporated or chartered bank carrying PART III.

on business in the said province, and approved by the

Treasurer of such provincc.

(3) Where there is a trust requiring the investment of the moneys in specified securities, such moneys shall be invested accordingly.

89, The Public 'l'rustee may, with the approval of the Court, post- Power of postpone- ment of d e end

pone for any period the sale, realisation, and conversion into real;;tdlU

money of any estate coming into his possession or under his control, and chattels red.

and in the meantime may demise or lease any real estate or chattels real to such person, at such rent, upon such terms and conditions, and in such manner (not inconsistent with the tenure of such real estate or chattels real) as the Court shall approve.

90, No person purchasing or selling any estate, or receiving or Indemnity to person,

paying any money from or to or having any other transaction with ~ 6; i " f ~ ~ ~ ~ ~	with
the Public Trustee, which requires the authority of the Court, shall be bound or entitled to req6ire evidence thad such authority has been given, further than the order or an office copy of the order giving such authority. And such order or office copy shall, so far as all persons having any such transaction as aforesaid with the Public Trustee are concerned, be conclusive evidence of the regularity of such transaction on the part of the Public Trustee. The receipts in writing of the Public Trustee for any moneys pay- able to him under this Act shall be sufficient discharges for the same
t o the persons paying the mme, who shall not afterwards be Liable
for any misapplication thereof.

91. (1 ) The Public Trustee or any administrator of an intestate Maintenance, eduaa-

may apply, in such manner as the Court shall approve, the whole or ~	$	~	~	~	$	~	~	m	"
any part of the income arising from any property under his control, MW. belonging to any person not sui juris, towards the maintenance or education, or for the advancement in life or bencfit of, such person.

(2) If there shall be no income from such property suficient to

maintain and educate such person, or to provide moneys required for his advancement in life or otherwise for his benefit, a Judge may authorise the Public Trustee or administrator to sell such property, or any part thereof, so far as the same shall not consist of money, and to apply the proceeds of such sale, and also any property consisting of money, or any part thereof, in or towards the maintenance and

education, advat~cement, or benefit of such person.

(3) Any money applicable for maintenance or education under this section may, with the approval of a Judge, be paid by the Public Trustee or administrator to the legal or natural guardian of such person as aforesaid, either with or without requiring an account of the same.

(4) An order under this section may be obtained by the Public Trustee or administrator ex parte.

54' & 55' VICTORIW, No. 537.

The Admi~iistration and Probate Act.-l89 l.

Paar 111. 92. If the Public Trustee shdl have under his control the property

the probate administration with the will annexed, or administration and the papers necessary to obtain the same shall, if so desired by the person applying for thc grant, be prepared in the Registry, whenever the ltegistrar is satisfied by particulars of the estate verified on oath that the estate does not exceed $200 in value. The particulars and affidavit verifying same are to be prepared in the Registry if so requested by the applicant.

Aflrmation in lieu of Oath.

59. In every case where an oath is required under the Act, or any regulations or rulcs thereunder, an affirmation may be made in lieu thereof.

FORMS.

THE FOLLOWING FORMS, OIL FORMS TO THE LIRE EFPECT, SHALL RE USED,

WITH 8UCII MODIFICATIONS A8 CIBCUMSTANCES SRALL REQUIRE :-

NO. l .-Cert@cate of Execution of Will, where IViZl deposited.

I certify that the within (or the above) will (or codicil) was on the day of

18 duly executed by of [residence and occuption, if any] as his

last will (or as a codicil to his will) in the presence of of C+esirrence and

occupation, if any,] and of myself and that the said and myself were both

present at the same time when the said executed the same, and that we a t the

request of the said in his presence, and in the presence of each other,

thereupon subscribed our names as witncsscs.

NO, 2.-Executor's Declaration to obtain Probnte where Will deposited.

I of \residence and occupation, if any] (or we of 1

declare that I (or we) be ieve the paper (or papersj hereto annexed and marked by nle (or ua) to contain the last will (or the last will and a codicil or codicils) of late of decessed; that I am (or we are) the executor (or executors) therein named, and that I (or we) will well and faithfully administer

the eetate of the testator, and exhibit a true statement of the mid estate, and render

a

5 4 O & 5 5 O VICTORIA?, No. 537.

The Administration and P~obate Act.-- 1 891.

-- --..-

a true account thereof whenever required by law so to do; that the said testator died a t on the day of 18 and that the whole of his estate

does not amount in value to the sum of £ to the best of my (or our) knowledge,

information, and belief; and I (or we) make this declaration in pursuance of The

Administration and Probate Act 1891 ." A. R.

(C. D.)

Declared by the said	(and	1 at	this	day of	18
Before me

No. 3.-Executor's Oath.

South Australia.--In the Supreme Court.

In the goods of A.U., deceased.

I of [residence and occupation, any] (or we of )

make oath and say thnt I (or we) believe the paper (or papers) hereto annexed and marked by me (or UR) to contain the last will (or the last will and a codicil or codicils) of late of deceased; that 1 am (or we are) the executor (or executors) therein named, and that I (or we) will well and faithfully administer the estate of the testator, and exhibit a true statement of the said cetate, and render a true account thereof whenever required by law so to do; that the said testator died at on the day of 18 and that the whole of

his estate does not exceed in value the sum of f: to the best of my (or our)

knowledge, information, and belief. A. B.

(C, D.)

sworn, &c.

No. 4.-Probate,

(Copy of will, with codicils, if any.)

The above will (and codicil or codicils) of of

who died at on the day of 18 was (or were)

Eatate proved in the Supreme Court of South Australia, on the day of

8 worn 18 by of (and of

not ) the executor

(or executors, or one of the executors) therein named ( of

to exceed the other executor having by renunciation filed in the said Court on the

value 8 day of 18 renounced probate or died during

the lifetime or since the decease of the testator, o r leave being reserved

for of the other executor to apply for probate).

Dated this day of 18

(LA) Registrar of Probates.

No. 5,-Administrator's Oath.

South Australia.-In the Supreme Court.

I n the goods of A.B., deceased.

I, C. D., of [residence and occupation, if any] make oath and say (or solemnly, sincerely, and truly affirm and declare, &C.) [accordin,q to the form of words prescribed

in the statute applicable to the particular case) that A. B., late of deceased, died intestate, a bachelor, without parent, brother or sister, uncle or aunt, nephew or niece [or as the case may be]; that I am the lawful cousin german [or as the case may be], and one of the next of kin for only next of kin) [as the case may be] of the said deceased; that I will duly get in and administer the estate of the said deceased, and will pay his jmt debts, and distribute the residue of his estate according to law; that I will deliver at the office of the Public Trustee, within six calendar months from the date of administration being panted to me, a statement and account verified by my declaration of a11 the estate of the said deceased, and of my administra- tion thereof; that the said deceased died a t on the day of V

18, and that the whole of the estate of the said deceased does not exceed in

value the sum of pounds to the best of my knowledge, information, and belief.

S worn a t	on the	day of	18	.
Before me

No.

F-- 637

54O & 55' VICTORIW, No. 537.

The Administrutiota and Probute Act.-189 1. -

No. 6.-Administration Bond.

Know all men by these presents that me, A. B., of , C. D., of

, and E. F., of , are jointly and severally

bound unto the Public Trustee of the province of South Australia in the sum of pounds, to be paid to the said Public Trustee, for which

payment we bind ourselves, and of us for the whole, our heirs,

executors, and administrators, firmly by these presents.

Sealed with our seals. Dated day of , in the year

of our Lord one thousand eight hundred and

The condition of this obligation is such that if the above-named A. B. (or K. B.,

wife of the above-named A. R)., the [here state the character in which the party takes

the grant] of I. J. , late of, deceased, who died on the day of

18 , and the intended administrator of the estate of the said deceased (left un-

administercd by ), do duly get in and administer the estate of the said

deceased (so left unadministered), and do deliver a t the effice of the Public Trustee, within six calendar months from the date of administration, a statement and account, verified by his declaration, of all thc estate of the said deceased, and of his sdminis- tration thereof, and do deliver to the Public Trustee an account of his administration of the mid estate, verified by his declaration, whenever ordered by the Supreme Court or R Judge thereof so to do, and do perform all acts and things required by The Administration and Probate Act, 1891, to be performed by atlminiutwtors, and if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors, or any other person, do prove the same in the said Court, or obtain letters of adminivtration with thc will annexed from such Court, if the said A.B., being thereunto required, do render and deliver into the said Court the letters of administration granted to him, then this obligatiou, to be void and of no effect, or else to remain in full force and virtue.

A. B, (L.s.)

C. D. ( m, )

Signed, sealed, and delivered, &c. E. F. (L.s.)

No. 7.-Letters o f Administration.

On the day of 18 , letters of adminis-

tration of the estate of , late of v

sworn

,,t deceascd, who died at , on thc day of

to exceed 18 , intestate, were granted by the Supreme Court of

in South Australia to Y of , the

va'uei lawful widow [or as the case may be] of the said deceased.

Dated this day of , l 9 .

(L.s.) Registrar of Yrobates.

No. 8.-Oath Jor Administrators with the Will annezed.

South Australia: I n the Supreme Court, Testamentary Causes Jurisdiction.

I n the goods of A. B., deceased.

I, C. l)., of [residence and occupation, any] make oath and say (or solemnly,

sincerely, and truly affirm and declare) [according to thejorm of words in the statute applicable to the particular case] that I believe the paper writing (or writings) hereunto annexed, and marked by me, to contain the last will and testament (or the last will and t'cstnment with codicils) of A. B., late of, deceased, and that E. F. [insert the reZationsh@, if' any, to the deceased], the sole executor therein named, survived the said deceased, and is since dead without having taken probate thereof [or, as the f a c t may b e ], and that I am the [inserl the reZa.!ionsh@ to the deceased, if any] the residuary legatee in trust named therein [or, us the fact may be], and that I will duly get in and administer the estate of the said deceased, and pay hie just debts and the legacies contained in his will (or will and

codicils), and distribue the residue of his estate according to law; that I will deliver at the office of the Public Trustee, within six calendar months from the date of administration being granted to me, a statement and account, verified by my decla- ration, of all the estate of the said deceased and of my administration thereof; that

the said testator died at , on the day of

18 , and that the whole of his estate does not exceed in value the sum of

pounds to the best of my knowledge, information, and belief.

(Signea) C. D.

Sworn at	on the	day of
Before me,

No.

43

54" & 55" VICTORI&, No. 537. "- --

The Administration and Probate Act.- l89 l.

NO. 9.-Administration Bond for Admknistration with the 1ViZZ annexed.

Know all men by these presents that we, A. B., of , C. D., of

, and E. F., of , are jointly and

severally bound unto the Public Trustee of the province of South Australia in the sum of pounds, to be paid to the said Public Trustee,

for which payment we bind oursel~es, and of us for the whole, our

heirs, executors, and administrators, firmly by these presents.

Sealed with our seals. Dated the day of , in the year

of our Lord one thousand, &c.

The condition of this obligation is such that if the above-named A. B. (or K. B., wife of the above-named A. B.), the [as the case may be] of I. J., late of de -

ceased. who died on the day of, 18, and the intended admini- strator with the will of all and singular the personal estate and effects of the said deceased (left unadministercd by ), do duly get in and administer the estate of the said deceased (so left unadministered), and do deliver at the office of the Public Trustee, within six calendar months from thc date of administration, a state- ment and account verified by his declaration of all the estate of the said deceased, and of his administration thereof; and do deliver to t,he I'ublic Trustee an account of his administration of the said estate. verified by his declaration, whenever ordered by the said Court or a Judge thereof so t o do, and do perform all acts and things re- quired by The Administration and Probate Act, 1891, to be done and performed by administrators, then this obligation to be void and of no effect, or else to remain in full force and virtue.

A. B. (L.s.)

C. D. (L.s.)

E. F. (L.s.)

Signed, sealed, and delivered by the within-named A. B., C. D., and E. F., in the presence of

No. 10.-letters of Administration with the 7'iZZ anneaed.

(Copy bf will, with codicils, if any.)

Estate On the -day of , 18 , letters of administration

sworn	with the above will (or will and codicil or codicils) annexed of the estate
not	of of , tcho died at
to exceed	on the day of , 18 , were granted by the Supreme Court

in ~f South Australia to

value ;E 7 of

[insert the chnracter in which the grant is taken].

Dated this b y of , 18 .

Registrar of Probates.

(L.$.)

No. I l.-Seal of District Registry.

For other District Registries, substitute title of the Registry, as "The District

Registry of Port Augusta" [or " Palmeraton."]

FEES.

THE FOLLOWING FEES SHALL BE TAKEN I N NON-CONTE~TIOUS BUSINESS.

S S. d.

For depositing a will .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . O 7 6

Withdrawal of will under section 2 2. . .............................. O 2 6 Form

VICTORIE, No.

me Administration and Probate A c t. 1 8 9 l.

Form of declaration under section 24 .............................

Taking same ................................................

Making out particulars and affidavit and papers to obtain probate or adrnini~tration under rule 58 ..................................

Making out probate or administration with or without will annexed under aection 24, or rule 58 (in addition to the scale fee for probate or administration) .........................................

For copy will to accompany such probate or administration {exclusive of parchrncnt) per folio ........................................

Probates or Letters of Administ~ation roiti, the 7YiZZ annexed.

For every probate, when the estate is sworn not to exceed in value £50. .

From £50 to €100 ..................,..........................

F r o m ~ 1 0 0 t o ~ 2 0 0 ............................................

From$200to£300 ............................................

From $300 to $500 ............................................

F r ~ m $500 to $700 ............................................

From g700 to $1,000	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
From £1,000 to £2,000	..........................................
From £2,000 to 25,000	..........................................

From $5,000 upwards ..........................................

Double or Cvessate Probate, &c.

For every double or cessate probate or letters of administration with the will annexed de bonis non or cessate, when the estate is sworn not to exceed in value $200, or any smaller sum, the same fee as on a first grant where the estate does not exceed in value the same sum.

When the estate is above the value of $300 .. .. .. .. .. .. .. .. .. .. .. ..

For every duplicate and triplicate probate or letters of administration with

thc will anncxcd, whcn tllo cstate is sworn not to exceed in value £200, or any umaller 811rn, the same fee as on a first grant where thc estate does not exceed in value the same sum.

When the estate is above the value of f 300 ........................

For every exemplification of probate, or letters of administration with the

will annexed, in addition to the fees for collating the will and other

documents regivtered with the same. ...........................

OjTciaZ C'trtiJicnte.

For every official certificate of the grant of a probate or administration, .

Registering and C'ullatiny Wills,

For registering and collating wills, if three folios of ninety words each, or

under .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

If above three folios of ninety words each, per folio ..................

For engrossing or collating a will for a double, or duplicate, or triplicate,

or litigated, or cessate probate, if the will is four folios of ninety

words each, or under ........................................

If above four folios of ninety words each, per folio ..................

If there are pencil marks in a will or codicil, or if a will or codicil or any part thereof is to bc or has been registered fac simile, in addition to any other fee for registering and collating, or for engrossing and collating, the same :-

If the part or parts to be registered or engrossed fac simile are

two folios of ninety words in length or under.. ..........

If exceeding two folios, for every additional folio or part of a

folio of ninety words.. ..............................

Codicils to Vi11s already proved.

For every probate of a codicil or codicils, or letters of administration with

a codicil or codicils annexed, being a codicil or codicils to a will

already proved, the same fees respectively as on a duplicate probate

pr	.. duplicate letters of adtninistration vith the will annexed.
VICTORIE, No.

The Administration and Probate Act.-1891.

Letters of Administration. f: S, d.

For every grant of letters of administration when the estate is sworn -

not to exceed S50 ..........................................

From $50 to $100 in value ......................................

From S100 to $200 ............................................

From $200 to $300 .................................... .. ......

From S300 to £500 .......................................,....

From $500 to $700 ............................................

From S700 to 81,000 .................................... .. ....

From £1,000 to 22,000 .........................................

From $2,000 to $5,000.. ................................,.......

From 25,000 upwards .........................................

Duplicate and Trtplicata Letters of Administration. .

For every duplicate and triplicate letters of administration, when the estate is sworn not to exceed $100, the same fce as on a first grant of letters of administration -.vhere the estate does not exceed in value the same mm.

For every duplicate and triplicate letters of administration, when the

estate is over the value of $300 .............................. 0 15 0

ExempZifications.

For every exemplification of letters of adtninistrat,ion. ................. 1 l 0

Administration de bonis non or cessate.

For every grant of letters of administration with the will annexed, de 6onzs non or cessate, when the cstate does not exceed 3100, the same fee as on the first grant.

For every grant of letters of administration with the will annexed, de bonis

lzon or cessate, when the estate exceeds in value g100 .. .. .. .. .. .. 0 15 0

For every grant of letters of administration, de bonis non or cessate, when thc estate does not exceed B100, the same fee as on the first grant.

For every grant of letters of administration, de bonis non or cessate, when

the estate exceeds $100. .................................... 0 15 0

Additional Security.

For noting on the grant of letters of administration with or without will

annexed, and on the act, that additional security has been given .. .. 0 5 0

Articles to pay pro rat&

For articles entered into by administrators to pay creditor^ p ro rato, per

folio of ninety words each ....................................

For the bond for the performance of the articles, per folio of ninety words

Searrches and Inspections of With, &c.

For every search for will or grant of letters of administration, or any other

document filed in the office of the Registrar of Probates, including looking up and inspecting an original will before the same is re- gistered, or the registered copy of a will or an administration act, ...

For every third will or administrittion act looked up in addition to the

above ...................................................

For looking up and inspecting an original will after the same is registered,

in addition to the fee for the search ............................

For looking up and producing any document filed in the ofice of the Registrar of Probates, other than an original will or administration act .......................,...............................

For it bearch for a will, or grant of letters of administration, and for read-

ing the will when the party applying is unable or unwilling to search

for or to read the same ...................................... 0 1 0

For the search .................................. ? . .. .. . .S. .. ,. 0 1 0

For

54" & 5 5 O VICTORIW, No. 537. -

?'he AcEmiwistration and ProSate Act.-1891.

For reading the will-

If twenty folios of ninety words each or under ..............

For every additional twenty folios or part of twenty folios of

ninety words each .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

For every search by an officer of the registry, in order to ascertain whether

any probate or grant of letters of administration has already issued, or any application has been made for a grant of prohate or administration

Special and Limited Grants.

For every special or limited grant of probate or letters of administration,

with or without will annexed, in addition to the ordinary fees as under-

If the estate does not exceed in value g50, 1s. per folio of ninety words each, on the bond, on the act, and on the grant of probate or letters of administration.

If the estate exceeds in value £50, 2s. per folio of ninety words each, on the bond, on the act, and on the grant of pro- bate or letters of administration.

Sealing ProBute or Administration under fleetion 27.

Such fee as would be payable in respect of a grant originally made in South

Australia for property cqual in amount to the property in South

Australia which is to be affected by the probate or other instrument

to which the seal of the Court is to be affixed.

O@ce Copies and Extracts.

For every office copy, or extract of a record, will, or probate, or adminis-

tration act, or other document filed in the office of the Registrar of

Probates, if five folios of ninety words or under ..................

If exceeding five folios of ninety words, per folio .. .. .. .. .. .

If the office copy of a will, or any part of a will or other document is required to be made fac sintile, and such will, or part of a will, or other document, is two folios of ninety words i n

length or under, in addition to the fec for the copy ......

If exceeding two folios of ninety words, for every additional folio

or part of a folio. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

For copies of wills and other documents in foreign languages made by persons specially cmployed for that purpose, the charges of the person so employed will be taken in addition to any other fccs, which may bc payable in rcspect of such copies.

For every office copy of a will, minute, order, decree, or any document

under seal of the Court, for which no other fee is payablc:

For the seal, in addition to the fee for thc copy and collating. .

For copies of plans, drawings, and armorial bearings, &C., such fee as shall

be determined by the Registrar in each particular casc.

Collating Documents.

For collating copy of a probate and will, or copy of letters of administration with or without the will annexed, or any other instrument to bc filed or deposited in tho registry, or for collating any copy or instrument with an original document already filed or deposited in the registry, including the Registrar's certificate in verification thereof:

If ten folios of ninety words each or under ..................

If above ten folios of ninety words, per folio ................

If there be any pencil writing on the copy, or any part thcrcof is fac

simile, in addition to the above fees:

If such pencil writing or fac sintile is two folios of ninety words

in length or under ..................................

For every additional folio or part of a folio ..................

Attendances.

For every attendance with any book or original document in any Court of

Law or Equity, within three miles from the Registrar of Probates'

office, except in the Supreme Court ............................ 1 1 0

For

48 54' & 55' VICTORIE, No. 537.

me Administratiofi and probate A c t. 1 8 9 1.

.

Perusing and Settling Oaths, &c.

;E S. d.

For perusing and settling oaths to lead special or limited grants of probate

or letters of administration with or without will, or other instruments :

If five folios of seventy-two words or under	................	0	2	6
If above five folios, for each additional folio	................	0	0	3

For perusing deeda and other documents when necessary, per folio of

seventy-two words .......................................... 0 0 3

Y Adelaide : By authority C. E. Bma~ow, Qoyement Printer, North-terrace.