Administration and Probate Act 1950 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

No. 16 of 1950.

AN ORDINANCE

To amend the Administration and Probate

Ordinance 1929-1947.

BE it ordained by the Governor-General of tiie Commonwealth Council, in pursuance of the powers conferred by the Seat of of Australia, with the advice of the Federal Executive Government Acceptance Act 1909-1938 and the Seat of Govern-

ment (Administration) Act 1910-1947, as follows:—

1.— (1.) This Ordinance may be cited as the Administration snorttitie

mid Probate Ordinance 1950.*	and citation.
(2.) The Administration and Probate Ordinance 1929-1947 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- 1950.
2.— (1.) Section seventy-one of the Principal Ordinance is repealed and the following section inserted in its stead:—

" 7 1 . — (1.) Subject to this section, the costs to be allowed and Limitsof

paid out of the estate of a deceased person to a barrister or solicitor charges for
for professional services rendered in connexion with the obtaining probat™™
of a grant of probate or administration shall, where no contention adniSstraHon;

has arisen, be in accordance with the following scale:—

Where the Net Value of Estate is-

4 3 2 1 . — P K I C E	3D.
N o t more than £500	12 12	0
More t h a n £500 but not more than £1,000	15 15	(I
More t h a n £1,000 but not more t h a n £2,000	18 IS	1)

More t h a n £2,000 bu t no t more t h a n £5,000 26 5 0

More t h a n £5,000 bu t no t more than £10,000 34 13 0

More t h a n £10,000 bu t no t more t h a n	£20,000	43 1	0
More t h a n £20,000 bu t no t more t h a n	£30.000	49 7	0
More t h a n £30,000 bu t no t more t h a n	£40,000	57 15	0

More t h a n £40,000 bu t no t more than £50,000 65 2 0

More t h a n £50,000 . . 73 10 0

" (2.) The amounts specified in the last preceding sub-section do not include necessary disbursements, or the charges for preparing and passing the statement for duty or the payment of duty, which amounts shall be allowed and paid out of the estate.

* Notified in the Commonwealth Gazette on 21st December, 1950.

" (3.) Where the net value of the estate exceeds Two thousand pounds, a barrister or solicitor may deliver a bill of costs to the executor or administrator and cause it to be submitted for taxation and the amount of the bill when so taxed and no more shall be allowed and paid out of the estate.

" (4.) Where the net value of the estate does not exceed Two thousand pounds, the Court or the Judge may, in any case where the work has been of exceptional length or difficulty, grant leave to the barrister or solicitor to submit his bill of costs for taxation, and the amount of the bill when so taxed and no more shall be allowed and paid out of the estate.

" (5.) An application for leave under the last preceding sub- section shall be supported by an affidavit setting forth the excep- tional circumstances upon which the applicant relies.
" (6.) Where a bill of costs is taxed under sub-section (3.) or sub-section (4.) of this section and the amount of the bill (exclusive of the costs of submitting it for taxation and of amounts referred to in sub-section (2.) of this section) does not, after taxation, exceed the amount which would otherwise have been payable under sub-section (1.) of this section, the costs of submitting the bill for taxation shall be paid by the barrister or solicitor.".

(2.) Notwithstanding the repeal of section seventy-one of the Principal Ordinance, the provisions of that section shall apply in relation to all applications for probate or administration filed prior to the date upon which this Ordinance comes into operation.

Additional

charge where	3. Section seventy-two of the Principal Ordinance is amended
necessary to
employ agent.	by omitting sub-section (2.).
4 . Section seventy-three of the Pr inc ipa l Ordinance is repealed and the following section inserted in its s tead:—
Bui to be taxed	" 73. A taxing officer of the Court shall tax and settle all bills by omitting the words " Subject to the provisions of the last pre- ceding section, the " and inserting in their stead the word " The.".

by taxing ° .

officer. 01 costs submitted for taxation m pursuance of section seventy-one
of this Ordinance.".

Taxing rates 5 Section seventy-four of the Pr incipal Ordinance is amended

Dated this fourteenth day of December, 1950.

W. J . McKBLL

Governor-General.

By His Excellency's Command.

J. A. SPICER

for and on behalf of the Minister of

State for the Interior.

i!v Authority: L. F. JOIINSTOX, Commonwealth Government Printer, Canberra.