Administration and Probate Act 1969 (ACT)

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ADMINISTRATION AND PROBATE

No. 16 of 1969

An Ordinance to amend the Administration and Probate

Ordinance 1929-1967.

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

Probate Ordinance 1969.*

(2.) The Administration and Probate Ordinance 1929-19671 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 1929-1969.

2. This Ordinance shall come into operation on a date to be fixed

by the Minister by notice in the Gazette.%

3. Section 4 of the Principal Ordinance is amended by omitting the

words and figures " Part VII.—Testator's Family Maintenance (Sections

110-117)".

4. Section 5 of the Principal Ordinance is amended by omitting

from sub-section (1.) the definition of "Commonwealth country".

5. Section 9B of the Principal Ordinance is amended by omitting paragraph (d) of sub-section (1.) and inserting in its stead the follow­ ing paragraph:—

t The date fixed was 1 September 1969; see Commonwealth Gazette 28 August 1969, p. 5072.
" (d) the Court may, in giving leave to distribute the estate of the person, direct that the distribution shall not be made unless each person who is to take under the distribution gives an undertaking or security that he will, if the probate or administration is revoked—

(i)   where he has received property other than money under the order, restore the property or, at his option, pay an amount equal to the value of the property at the time he received the property to the person whose death was presumed or, if that person has subsequently died, to the administrator of the estate of that person; or

* Made on 24 July 1969; notified in the Commonwealth Gazette on 14 August 1969.

t Ordinance No. 18, 1929, as amended by Ordinance No. 11, 1930; No. 13, 1932; No. 9, 1933; Nos. 2 and 6,

1934; Nos. 3, 13 and 27, 1937; No. 35, 1938; No. 7, 1943; No. 15, 1947; No. 16, 1950; No. 5, 1953; No. 2, 1954;
No. 6, 1960; No. 20, 1965; and Nos. 9 and 23, 1967.

(ii)   where he has received money under the order, pay an amount equal to the amount of the money received by him under the order to the person whose death was presumed or, if that person has sub­ sequently died, to the administrator of the estate of that person; and".

6. Sections 14, 15 and 16 of the Principal Ordinance are repealed and the following section is inserted in their stead:—

" 14.—(1.) Subject to this section, a person to whom a grant of administration is made shall, before the issue of the administration, enter into, and file with the Registrar, a bond with an Insurance Com­ pany as a surety for duly collecting, getting in and administering the real and personal estate of the deceased person.

" (2.) The bond shall acknowledge that the person to whom the grant is made and the surety are bound…

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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.