Administration and Probate Act 1953 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

m No. 5 of 1953.

AN ORDINANCE

^ To amend the Administration and Probate Ordinance

1929-1950, and for other purposes.

BE it ordained by the Governor-General. in and over 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 1909-1938 and the Seat of
Government (Administration) Act 1910-1947, as follows:—

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

and Probate Ordinance 1953.*

(2.) The Administration and Probate Ordinance 1929-1950 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
1929-1953.

2. Section four of the Principal Ordinance is amended by Parts,

omitting the words—

" PART VII.—MAINTENANCE OF WIDOWS AND YOUNG CHILDREN."

and inserting in their stead the words—

" PART VII.—TESTATOR'S FAMILY MAINTENANCE.".

3. The heading to Part VII. of the Principal Ordinance is Heading to

. . . Part VII

728.—PBICE 3D.

omitted and the following heading inserted in its stead:—

" PART VII.—TESTATOR'S FAMILY MAINTENANCE.".

4. Section one hundred and ten of the Principal Ordinance Definition,

is repealed.

5. Section one hundred and eleven of the Principal Ordinance court may L

make order

is amended—•	for widow's,
widower's or

(a) by omitting the words "her children" and inserting cMidren̂ .̂
in their stead the words " her widower or children " ;
(b) by omitting the words " the widow, or children"
(wherever occurring) and inserting in their stead the

words " the widow, the widower, or children " ; and

* Notified in the Commonwealth Gazette on 27th February, 1953.

(c) by inserting after the word "provision", the words ", which may consist of a lump sum or a periodical or other payment,".

Powers of

Court.	6. Section one hundred and fourteen of the Principal Ordinance is amended by omitting from paragraph (a) the words " the widow" and inserting in their stead the words " the widow, widower or children, or any of them,".
Court to
consider net	7. Section one hundred and fifteen of the Principal Ordinance
widow's,
estate and	is amended—
widower's or
children's	(a) by omitting the words " widow, or children " and insert-
means.	ing in their stead the words " widow, widower, or children " ; and

(&) by omitting from paragraph (&) the words "widow, children" and inserting in their stead the words " widow, widower, or children ".

Contents of

order. 8. Section one hundred and seventeen of the Principal

Ordinance is amended—

(a) by omitting from sub-section (1.) the words "any widow or child" and inserting in their stead the words " a widow, widower or a child " ;

(6) by omitting sub-section (2.) ; and

(c) by omitting from sub-section (6.) the words "any

widow or child " and inserting in their stead the words
" a widow, widower or a child ".

9. Section one hundred and nineteen of the Principal Ordinance is repealed and the following section inserted in its stead:—

Time within

which	"119.— (1.) Except as provided in the next succeeding sub- deceased person under this Part shall not be heard by the Court unless the application is made within the period of six months after the date of the grant of probate of the will or of the grant of letters of administration with the will annexed, as the case may be.
application to
be made.	section, an application by a widow, widower or a child of a
" (2.) A widow, widower or a child of a deceased person may, either before or after the expiration of the period specified in the last preceding sub-section, apply to the Court for an extension of the time for making an application under this Part.
" (3.) The Court may, if it is satisfied that circumstances exist which justify an extension of the time for making the application and after hearing such persons as it thinks necessary, extend that time for such period as it thinks fit.".

10. The provisions of Part VII. of the Principal Ordinance, as APP1^*'0?

amended by this Ordinance, apply to, and in relation to, the estate person dying of a person who died before the date of commencement of this commencement

Ordinance as if that person had died after that date. ordinance.

Dated this twenty-seventh day of February, 1953.

W. J. McKELL
Governor-General.

By His Excellency's Command,

J. A. SPICER

for and on behalf of the Minister of State

for the Interior.

By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.