Administration and Probate Act 1919 (SA)

South Australia

Administration and Probate Act 1919

An Act to consolidate certain Acts relating to the administration of the estates of deceased persons, and other matters.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Administration and Probate Act 1919.

1. (1)

   This Act is a consolidation of the Acts and parts of Acts mentioned in Schedule 1, and the said Acts and parts are hereby repealed to the extent mentioned in such Schedule.

2. (2)

   Such repeal shall not—

   1. (a)

      affect the operation prior to the passing of this Act of any of the repealed Acts or parts of Acts:

   2. (b)

      alter the past or future effect of the doing, suffering, or omission of anything prior to the passing of this Act:

   3. (c)

      affect any probate, administration, proclamation, notice, rule, regulation, order, matter or thing granted, made, given, published, or done under or in pursuance of any of the repealed Acts or parts of Acts:

   4. (d)

      affect any estate, right, title, interest, privilege, power, status, duty, obligation, liability, or penalty acquired, accrued, exercisable, incurred, or imposed by or under or liable to be imposed under any of the repealed Acts or parts of Acts:

   5. (e)

      affect any investigation, inquiry, legal or other proceeding in respect of any of the matters or things in this section before mentioned.

3. (3)

   All matters and things mentioned in subsection (2) are, to the extent that they were respectively in force or in existence immediately before the passing of this Act, hereby preserved and continued and declared to be of the same force and effect as if this Act had been in force when respectively they were done, suffered, omitted, created, granted, acquired, incurred, held, imposed, or made, or had accrued, or become exercisable, or liable to be imposed, and they respectively had been done, suffered, omitted, created, granted, acquired, incurred, held, imposed or made, or had accrued, or had become exercisable or liable to be imposed under this Act.

4. (4)

   All matters and proceedings commenced under any Act or part of an Act hereby repealed, and pending or in progress on the passing of this Act, may be continued, completed, and enforced under this Act.

5. (5)

   All offences committed, and all liabilities, forfeitures, and penalties incurred or imposed, or liable to be imposed, before the passing of this Act, may be tried, punished, inquired into, and enforced under this Act.

In this Act, except where the subject matter or context or other provision requires a different construction—

administration means all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for general, special, or limited purposes;

administrator means any person to whom administration has been granted;

common form business means the business of obtaining probate and administration where there is no contention as to the right thereto, including the passing of probates and administrations through the…