Administration and Probate Act 1935 (TAS)

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Administration and Probate Act 1935

An Act to consolidate and amend the law relating to the administration of the estates of deceased persons and the granting of representation in respect thereof

[Royal Assent 18 October 1935]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART IPreliminary1Short titleThis Act may be cited as the Administration and Probate Act 1935 . 2Repeal (1)  [Section 2 Subsection (1) amended by S.R. 1977, No. 100 ]The enactments set forth in Schedule I are hereby repealed to the extent indicated in that schedule. (2)  No Imperial enactment other than the Australian Courts Act 1828 , so far as it relates to the administration of the estates of deceased persons, shall apply in respect of the estate of any person dying after the commencement of this Act. 3Interpretation [Section 3 Subsection (1) amended by No. 20 of 1995, s. 5 and Sched. 3 ] (1)  [Section 3 Subsection (1) amended by No. 4 of 1978, s. 2 ]In this Act, unless the contrary intention appears – administration means, with reference to the real and personal estate of a deceased person, letters of administration, whether general or limited, or with the will annexed or otherwise; and in Part VI includes exemplification of letters of administration or such other formal evidence of the letters of administration purporting to be under the seal of a court of competent jurisdiction as shall, in the opinion of a judge, be deemed sufficient; administrator means a person to whom administration is granted; conveyance includes a mortgage, lease, assent, vesting declaration, vesting instrument, disclaimer, release, and every other assurance of property or of an interest therein by any instrument, except a will; and disposition includes a "conveyance" and also a devise or bequest and an appointment of property contained in a will; Court means the Supreme Court; income includes rents and profits; intestate includes a person who leaves a will but dies intestate as to some beneficial interest in his real or personal estate; pecuniary legacy includes an annuity, a general legacy, a demonstrative legacy so far as it is not discharged out of the designated property, and any other general direction by a testator for the payment of money, including all duties free from which any devise, bequest, or payment is made to take effect; personal chattels means carriages, horses, stable furniture and effects, motor-cars and accessories, garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors, and consumable stores, but does not include any chattels used at the death of the intestate for business purposes, nor money or securities for money; personal representative means the executor, original or by representation, or administrator for the time being of a deceased person;

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