Administration and Probate Act 1930 (ACT)
[Extract from Commonwealth of Australia Gazette, No. 64, dated
25th July, 1930.]
| § | THE TERRITORY FOR THE SEAT OF |
GOVERNMENT.
No. 11 of 1930.
| § | AN ORDINANCE |
To amend the Administration and Probate
Ordinance 1929.
BE it ordained by the Deputy of the Governor-General of the Executive Council, in pursuance of the powers conferred by the Commonwealth of Australia, with the advice of the Federal Seat of Government Acceptance Act 1909 and the Seat of Govern-
ment (Administration) Act 1910-1930, as follows:— 1.— (1.) This Ordinance may be cited as the Administration short title and and Probate Ordinance 1930.
(2.) The Administration and Probate Ordinance 1929 is in this
Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordinance,
may be cited as the Administration and Probate Ordinance 1929-1930. 2. Section three of the Principal Ordinance is amended by Repeal,
adding at the end thereof the words "as from midnight on the
dates specified therein".3. Section five of the Principal Ordinance is amended— (a) by omitting from the definition of "Deceased person" Definitions.
or " the deceased" the word " thirty -first" and
inserting in its stead the word "f i rs t" ; and(b) by omitting from the definition of the word "Rules" the words "any Act or this Ordinance" and inserting in their stead the words "this Ordinance or under any Act, applicable to matters arising under this Ordinance".
1443.—PRICE 5D. 4. Section seven of the Principal Ordinance is amended by Registrar,
| /^ | inserting in sub-section (3.), after the word "powers", the words uratOT' &c- |
jHj "and functions".
5. Section eiglit of the Principal Ordinance is repealed and the Powers and
following section is inserted in its stead :— Deputies. " 8 . The Attorney-General may appoint any person to be
Deputy Registrar or Deputy Curator, who shall have such ofthe powers and functions and exercise such of the duties of
•
the Registrar or Curator, respectively, as are assigned to him
by the Registrar or Curator, as the case may be.".6. After section ten of the Principal Ordinance the following
section is inserted:—
Sealing of
probate and " 1 0 A . The seal of the Court shall not be affixed to any
(a) until all probate, stamp and other duties (if any),
but not including estate duty, payable under any
law in force in the Territory have been paid; and
(b) except upon an affidavit that notice of the intention
to apply in that behalf has been published once in
a newspaper circulating in the Territory fourteen
days before the making of the affidavit and that noletters of administration. probate or letters of administration—
caveat has been lodged.".
Amount of 7 Section fifteen of the Pr inc ipa l Ordinance is amended— L penalty on administration ^ by inserting, after the word "Cour t " (first occurring),
the words " or a Justice ' ' ;
(6) by inserting, after the word " i t " , the words "or h e " ; (c) by inserting, after the word " C o u r t " (second occur-
ring), the words "or Just ice"; and
(d) by omitting the words "regulations as the Court by rule directs" and inserting in their stead the words "conditions as are prescribed".
mad'e'toYssign
8. Section seventeen of the Principal Ordinance is amended by omitting the words "may, on application made on motion in a summary way, a n d " and inserting in their stead the words "or a Justice may,".
the bond. Court may in creditor's Section eighteen of the Principal Ordinance is amended— administration order (a) by inserting in sub-section (1.), after the word
assignment of ' 'Court ' ' , the words "or a Justice ' ' ; administration bond to
Curator or (b) by inserting in sub-section (1.), after the word " i t " , some other the words "or h e " ; person.
(c) by inserting in sub-section (3.), after the word
"Cour t" , the words "or a Just ice"; and (d) by inserting in sub-section (3.), after the word ' i t ' the words "or he".
Renunciation,
<fcc, by person 10. After section twenty of the Principal Ordinance the follow- appointed both executor and ing section is inserted:— trustee of will. " 2 0 A . — (1.) If a person who is appointed by will both executor and trustee thereof renounces probate or after being duly cited fails to apply for probate, the renunciation or failure shall be deemed to be a disclaimer of the trust con- tained in the will. " (2 . ) Where there is any such renunciation or failure or any such person dies before probate is granted to him or instead of applying for probate authorizes a trustee company to apply for administration with the will annexed and where administration with the will annexed is granted to a trustee company, the trustee company shall by virtue of the grant
| • | and without any further appointment be deemed to be appointed trustee of the will in the place of the person thereby appointed. |
" (3 . ) In this section 'trustee company' means any com- pany authorized by or under any law in force in the Territory to act as executor, administrator or trustee.".
| • | 11. Section twenty-eight of the Principal Ordinance IS On return of |
amended— 5 8 E r «
(a) by omitting from sub-section (1.) the words "by spedaTr" petition" and inserting in their stead the words "or J^™^mstratlon
a J u s t i c e " ; rescinded. (6) by inserting in sub-section (2.), after the word " C o u r t " (first occurring), the words "or Just ice";
(c) by omitting from sub-section (2.) the word "peti t ion" and inserting in its stead the word "application"; and
(d) by inserting in sub-section (2.), after the word "Cour t " (second occurring), the words "or Justice".
12. Section thirty-one of the Principal Ordinance is amended Revocation of
its stead the word ' ' that ' ' . Kfe" °r by omitting the word " t h e " (second occurring) and inserting in prejudice 13. Section thirty-two of the Principal Ordinance is amended— Discharge or
(a) by omitting from sub-section (1.) the words " , upon executoror application in a summary way by summons in adminlstrator- chambers," and inserting in their stead the words
"or a Just ice";
(&) by inserting in sub-section (1.), after the word "Cour t "
(second and third occurring), the words "or
Justice ' ' ; and (c) by inserting in sub-section (2.), after the word
"Court" , the words "or a Justice".
14. Section forty-nine of the Principal Ordinance is amended Net value.
by inserting in sub-section (1.), after the word "Court" , the
words "or a Justice".
15. Section fifty-one of the Principal Ordinance is amended— court may
make special
(a) by inserting, after the word "Cour t " (first occurring), order,
the words " or a Justice ' ' ; and
(&) by inserting, after the word " C o u r t " (second occur-
ring), the words "or Justice".
16. Section fifty-two of the Principal Ordinance is amended Court may
by inserting after the word " C o u r t " (wherever occurring), the rnâ umm r̂y11 w,y-
| • | words "or Justice". |
Personal 17. Section fifty-three of the Principal Ordinance is amended representative not required by inserting, after the word "Court" , the words " o r a Justice". to continue to act against own consent. 18. Section fifty-seven of the Principal Ordinance is amended— Summary (a) by omitting the words "by summons"; application for legacy, Ac.
(6) by inserting, after the word " C o u r t " (first occurring),
the words "or a Just ice";
(c) by inserting, after the word " C o u r t " (second occur-
ring), the words "or Just ice"; and
(d) by inserting, after the word " i t " , the words "or he" .
19. Section fifty-eight of the Principal Ordinance is amended
Executor or
aa^Mraunteto by inserting in sub-section (1.), after the word "thereto", the
words " in such cases,".
20. After section fifty-eight of the Principal Ordinance the
following section is inserted :—
Passing and " 5 8 A . The Registrar in the name and under the seal of the allowance of the accounts of Court may make any order or grant any certificate which the executors and administration. Court may make or grant— (a) in and about the passing and allowance of the accounts of executots and administrators and the costs in connexion therewith where no commission is applied for; and
(6) in and about the granting of further time to executors and administrators to file and pass their accounts in any case where no objection is raised thereto by any person interested or no doubt or difficulty arises.".
Court may 21 . Section sixty-one of the Principal Ordinance is t. mended— make order as to disposal of moneys in hands (a) by inserting in sub-section (1.), after the word of executor, &c. "Court" , the words "or a Just ice"; and (&) by inserting in sub-section (1.), after the word " i t " ,
the words "or he" .
Payments under 22. Section sixty-two of the Principal Ordinance is amended— revoked probatea or administrations (a) by omitting from sub-section (2.) the words " , in valid. respect " and inserting in their stead the words " for,
an amount equal to the amount ' ' ; and(6) by omitting from sub-section (2.) the word " w i t h "
and inserting in its stead the word "which".
Claims barred 23. Section sixty-five of the Principal Ordinance is amended— against executor
or administrator (a) by inserting in sub-section (2.), after the word " C o u r t " in certain
eases. (first occurring), the words " or a Just ice";
(6) by inserting in sub-section (2.), after the word " C o u r t " (second occurring), the words " or Just ice"; and
(c) by inserting in sub-section (2.), after the word " C o u r t " (third occurring), the words "or Justice".
24. Section sixty-six of the Principal Ordinance is amended Distribution of
by omitting from sub-section ({).) the word "fifty-seven" and Mecutomand
| • | inserting in its stead the word "fifty-six". administrators. |
25. Section seventy of the Principal Ordinance is amended— Executors, *o.,
may be allowed
(a) by inserting in sub-section (1.), after the WOrd commIs,lon- "Court" , the words " , a Just ice"; and
(6) by inserting in sub-section (2.), after the word
" C o u r t " (first occurring), the words "or a Justice".
| • | 26. Section seventy-one of the Principal Ordinance is Llmlt* <* |
_ - * professional
a m e n d e d charges for obtaining (a) by omitting from sub-section (2.) the word "sub-rule" probate or
and inserting in its stead the word ' ' sub-section ' ' ; administration.
(b) by inserting in sub-section (3.), after the word
"Court" , the words "or a Just ice";
(c) by omitting from sub-section (3.) the word "sub-rule" and inserting in its stead the word "sub-section"; and
(d) by omitting sub-section (4.) and inserting in its steadthe following sub-section:—
"(4 . ) An application under the last preceding sub-section shall be accompanied by an affidavit showing the exceptional circumstances upon which the applicant relies.".
27. Section seventy-seven of the Principal Ordinance is registrar to - i - i i * • • - / - , \ p i tt /vi n issue probate
amended by inserting in sub-section (1.), after the word officer , or the words "of that State or any officer who may from time to time in the name of
be authorized to register wills in the Territory". the court. 28. Section eighty-two of the Principal Ordinance is amended— D|aliBxed°tm (a) by inserting in sub-section (1.), after the words " (if duty is paid,
any ) " , the words "but not including estate d u t y " ; and (b) by omitting from sub-section (3.) the words "twice in one or more newspapers circulating in or near t o " and inserting in their stead the words "once in a newspaper circulating in" .
29.
Section ninety-five of the Principal Ordinance is amended— court to have
summary
summary
(a) by omitting from sub-section (1.) the words "ex parte iuri9dl<:"ou°
jurisdict
Curator.
i
upon affidavit to a Justice in chambers" and insert-
ing in Iheir stead the words " to the Court or aJustice upon affidavit";
(b) by inserting in paragraph (i) of sub-section (1.), after
the word "Court" , the words "or a Just ice"; and
(c) by inserting in sub-section (2.), after the word
| • | "Court" , the words "or a Justice". |
A ppllcations,
30. Section ninety-six of the Principal Ordinance is amended— (a) by inserting in sub-section (1.), after the word ^ B
hcv heard.
"Court" , the words "or a Justice"; ^ P (b) by inserting in sub-section (1.), after the word " i n "
(second occurring), the words " i t s o r " ; and
(c) by omitting from sub-section (2.) the words "High Court in its equitable jurisdiction" and inserting in their stead the word "Cour t" .
Curator to act 3 1 . Section ninety-seven of the Principal Ordinance is as the Court • directs. amended—•
(a) by inserting, after the word " C o u r t " (first occurring),
the words "or a Just ice";
(b) by omitting the word "pet i t ion" and inserting in its
stead the word "application"; and
(c) by inserting, after the word " C o u r t " (second occur-
ring), the words "or Justice".
Mode of
proceeding 32. Section ninety-eight of the Principal Ordinance is under this Ordinance. amended—• (a) by omitting from sub-section (1.) the words "on petition" and inserting in their stead the words "or a Just ice"; and
(b) by inserting in sub-section (2.), after the word
"Cour t" , the words "or a Justice".
Payment to 33. Section one hundred of the Principal Ordinance is relatives, <fcc,
in petty cases. amended— (a) by inserting, after the word "Cour t " (first occurring),
the words "or a Just ice"; and
(b) by inserting, after the word " C o u r t " (second occur-
ring), the words "or Justice".
Payment to 34. Section one hundred and eight of the Principal Ordinance Attorney-
General after is amended by omitting the words "one hundred and five" and six years.
inserting in their stead the words "one hundred and four". Parties entitled 35. Section one hundred and nine of the Principal Ordinance may apply subsequently. is amended— (a) by inserting in sub-section (1.), after the word
"Cour t" , the words "or a Just ice"; and
(b) by omitting from sub-section (1.) the word "pet i t ion" and inserting in its stead the word "application"; and
(c) by adding, after sub-section (2.), the following sub-
section :—
"(3 . ) Notice of any application under this section shall be served on the Curator seven clear days before the application is heard.".
36. Section one hundred and eleven of the Principal Ordinance court may make -. -, order for
is amended— widows or
| • | • | • | o | 11 n | . , | , „ | . | . | children's |
(a) by inserting, after the word Court (first occurring), maintenance. the words "or a Just ice";
(b) by inserting, after the word " i t s " , the words "or h i s " ; (c) by inserting, after the word " i t " , the words "or h e " ;
and
• (d) by inserting, after the word " C o u r t " (second occur-
| • | ring), the words "or Justice". |
37. Section one hundred and twelve of the Principal Ordinance Repeal of 8.112
is repealed.
38. Section one hundred and thirteen of the Principal service of 1 notice of
Ordinance is amended— application. (a) by inserting, after the word "Court" , the words "or
a Just ice"; and
(b) by inserting, after the word " i t " , the words "or he".
39. Section one hundred and fourteen of the Principal Powers of
Ordinance is amended by inserting, after the word "Court" , the words "or Justice".
40. Section one hundred and fifteen of the Principal Court to
. . . ^ consider net
Ordinance is amended by inserting, after the word "Court" , the estate and the words "or Justice", children's
means.
4 1 . Section one hundred and sixteen of the Principal cases in which Ordinance is amended— reiusemay (a) by inserting in sub-section (1.), after the word
" C o u r t " (wherever occurring), the words "or Justice ' ' ;
(b) by inserting in sub-section (2.), after the word
"Court" , the words "or Just ice"; and
(c) by inserting in sub-section (2.), after the word
" i t " , the words "or he" .
42. Section one hundred and twenty of the Principal Repeal of s. 120.
Ordinance is repealed.
43. Section one hundred and twenty-four of the Principal Order to
Ordinance is amended— lSument (a) by inserting in sub-section (1.), after the word l ^ ' ng
" C o u r t " (first occurring), the words "or a Justice ";te8tameDtory-
(b) by omitting from sub-section (1.) the words "on motion, or petition, or otherwise, in a summary way,";
(c) by inserting in sub-section (2.), after the word
"Cour t" , the words "or a Just ice"; and
| • | (d) by inserting in sub-section (4.), after the word |
"Cour t" , the words "or Justice".
Rules. 44. Section one hundred and twenty-nine of the Principal
Ordinance is amended by omitting sub-section (5.) and inserting • in its stead the following sub-section :— "(5 . ) Subject to Rules made under this Ordinance and so far as such Rules do not extend, the practice and procedure of the Court in so far as the jurisdiction conferred on it by this Ordinance is concerned shall be regulated as nearly as ^ ^
may be according to the Rules made under the Judiciary, Act^^ 1903-1927 and the High Court Procedure Act 1903-1925 and, W so far as such lastmentioned Rules do not extend, as nearly as
may be according to the practice and procedure for the time being of the Supreme Court of New South "Wales in its Probate Jurisdiction.".
Jew.
45. Section one hundred and thirty of the Principal Ordinance is amended by omitting the word "Cura to r" and inserting in its stead the word "Registrar".
First Schedule. 46. The First Schedule to the Principal Ordinance is repealed
and the following Schedule inserted in its stead:—
' T H E F I R S T S C H E D U L E .
Extent to which Date from which
Short TiUe of Act. Number of Act. Act ceases to Act ceases to
Apply. Apply.
Wills, Probate and Administration Act No. 13, 1898 P a r t I I . . . 20th October, 1898 1929
Stamp Duties Act 1898 No. 27, 1898 The whole 30 th J u n e ,
L/ui so far as 1929 applicable
Administration (Validity) Act 1900 . . No. 38, 1900 The w h o l e . . 20th October,
1929
Companies (Death Duties) Act 1901 . . No. 30, 1901 The whole"! 30th J u n e ,
Stamp Duties (Amendment) Act 1904 No. 24, 1904 P a r t I I I . )• 1929
Stamp Duties (Deductions) Act 1904 . . No. 34, 1904 The whole J
Administration Amending Act 1900 . . No. 14, 1906 The w h o l e . . 20th October, 1929 " .
Dated this eigliteentli day of July, One tliousand nine hundred
and thirty.
SOMERS ^
Deputy of the Covernor-General. ^ B
By His Excellency's Command,
PRANK BRENNAN
for Minister of State for Home Affairs.
•
By A u t h o r i t y : H . J . G E E E N , G o v e r n m e n t P r i n t e r , C a n b e r r a .
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