Administration And Probate Act 1969 (NT)
NORTHERN TERRITORY OF AUSTRALIA
ADMINISTRATION AND PROBATE ACT 1969
As in force at 1 July 2022
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2022
ADMINISTRATION AND PROBATE ACT 1969
An Act relating to the administration of the estates of deceased persons
This Act may be cited as the
This Act shall come into operation on a date to be fixed by the Administrator by notice in the
(1) In this Act, unless the contrary intention appears:
Aboriginal means a person who is a member of the aboriginal race of Australia.administration includes all letters of administration of the real and personal estate of deceased persons whether with or without the will annexed and whether granted for general, special or limited purposes, exemplification of letters of administration and such other formal evidence of the letters of administration purporting to be under the seal of a court of competent jurisdiction as is in the opinion of the Court sufficient.administrator includes any person to whom administration is granted.committee , in relation to a person, includes a guardian for that person’s financial matters appointed under theGuardianship of Adults Act 2016 .deceased person means a person dying on or after the date on which this Act comes into operation.distribute means to pay, deliver or divide the estate or property referred to, or to among the person or persons entitled thereto under any intestacy or under any will.election means an election to administer the estate or a part of the estate of a deceased person.next of kin , in relation to a deceased person, means those persons, other than a spouse or de facto partner of the deceased person, who would be entitled to take an interest in the estate of the deceased person if he or she had died intestate.probate includesexemplification of probate or any other formal document, purporting to be under the seal of a court of competent jurisdiction, which, in the opinion of the Court, is deemed sufficient.professional personal representative means:(a) the Public Trustee;
(b) a trustee company within the meaning of the
Companies (Trustees and Personal Representatives) Act 1981 ; or(c) a legal practitioner.
Public Trustee has the same meaning as in thePublic Trustee Act 1979 .purposes of administration , in relation to the administration of the estate of a deceased person, includes the payment in due course of administration of the debts, funeral and testamentary expenses, duties and commission, and the costs, charges and expenses of the executor or administrator, and any costs which may be ordered to be paid out of the estate.Registrar means the Registrar of the Supreme Court performing the functions of the Registrar of Probates.relevant country means:(a) a State or another Territory of the Commonwealth of Australia;
(b) a country that is prescribed; or
(c) where a part of a country is prescribed – that part of the country.
representation means the probate of a will and administration.will includes a codicil.(2) In this Act, unless the contrary intention appears, a reference to a Public Trustee, in relation to a country, shall be read as including a reference to an officer of that country who is entitled under a law of that country to apply, in a case where a deceased person has died intestate leaving no next of kin, to a court for an order that authorizes the officer to administer the estate of the deceased person.
(4) For the purposes of this Act, an Aboriginal who has entered into a relationship with another Aboriginal that is recognized as a traditional marriage by the community or group to which either Aboriginal belongs is married to the other Aboriginal, and all relationships shall be determined accordingly.
(5) Except where they are defined in this Act to have a different meaning or the contrary intention appears, words used in this Act have the same meaning as defined in the
Supreme Court Act 1979 or in Chapter 3 of the Rules of the Supreme Court made under that Act.
(1) The Court shall have jurisdiction to grant probate of the will or administration of the estate of any deceased person leaving property, whether real or personal, within the Territory.
(2) The Court shall have jurisdiction to grant probate of the will, or administration of the estate, of a deceased person who did not leave property, whether real or personal, within the Territory, if the Court is satisfied that the grant of probate or administration is necessary.
(1) Probate of the will, or administration of the estate, of a person may be granted by the Court if it is satisfied, by direct evidence or by evidence supporting a presumption of death, that the person is, or may be presumed to be, dead.
(2) A grant of probate of the will, or administration of the estate, of a person made upon direct evidence of the death of the person or upon evidence supporting a presumption of the death of the person is valid notwithstanding that the person is, after the day on which the grant was made, found to have been alive on that day.
(1) Where the Court makes a grant of probate of the will, or administration of the estate, of a person upon evidence supporting a presumption of the death of the person:
(a) the grant shall be expressed to be made on presumption of the death of the person;
(b) the estate of the person shall not be distributed without the leave of the Court;
(c) the Court may, in the probate or administration or by an order made at any time, give leave to distribute the estate;
(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 or she will, if the probate or administration is revoked, restore the property received by him or her under the distribution to the person entitled to it, or pay to that person an amount equal to the value of that property; and
(e) the Court may direct the executor or the administrator to give, before he or she distributes the estate, such notices (including a notice specifying a date before which a caveat against the distribution of the estate may be lodged with the Registrar) as the Court thinks fit.
(2) Where an executor or administrator of an estate has given the notices that the Court has, under subsection (1), directed him or her to give before distributing the estate, the executor or administrator:
(a) may, subject to subsection (3), after the expiration of the period specified in the notices, distribute the estate among the persons entitled to it, having regard only to the claims of which the executor or administrator has notice at the time of the distribution; and
(b) is not liable, in respect of any part of the estate so distributed, to a person entitled to that part of whose claim he or she did not have notice at the time of the distribution.
(3) Where a caveat against the distribution of an estate has been lodged with the Registrar under subsection (1):
(a) the executor or administrator shall not distribute the estate among the persons entitled to it except in pursuance of an order of the Court under subsection (4); and
(b) the executor or administrator, the person who lodged the caveat or a person interested in the distribution of the estate may make application to the Court for an order under subsection (4).
(4) The Court may, upon application under subsection (3)(b), make an order authorizing the executor or administrator of an estate to distribute the estate among the persons entitled to it notwithstanding the lodging of a caveat under subsection (1).
(5) An order under subsection (4) may authorize the distribution of the estate subject to such conditions as the Court thinks fit.
(6) Where, in relation to the enforcement of an undertaking or security given under subsection (1), a dispute arises as to the value of any property received under a probate or administration that is revoked, the Court may, upon application by any person affected by the undertaking or security, make such order in respect of the property as it thinks fit.
(7) The Court may upon application by a person who has given an undertaking or security under subsection (1) or the executor or administrator of the estate of such a person, make such order for the termination or modification of the obligations under the undertaking or security as it thinks fit.
(1) Subject to the provisions of this section, probate or administration may, upon application to the Registrar, supported by affidavits upon which for the time being the Court would, in the opinion of the Registrar, grant the probate or administration, be issued by the Registrar as of course in the name and under the seal of the Court, and every such probate or administration shall be deemed to have been granted by the Court.
(2) The Registrar shall not, without an order of the Court, issue probate of the will, or administration of the estate, of a deceased person:
(a) in any case where a caveat has been lodged;
(b) in any case where there is no direct evidence of the death of the person but only evidence supporting a presumption of the death of the person; or
(c) in any case in which it appears to the Registrar to be doubtful whether the probate or administration should be granted.
(3) Whenever the Court makes an order for the grant of probate or administration, the probate or administration shall be issued by the Registrar in the name and under the seal of the Court.
The seal of the Court shall not be affixed to any probate or letters of administration until all duties and fees payable under any law in force in the Territory have been paid or security has been given in accordance with any such law for payment of such duties and fees.
The Court may, if it thinks fit, grant probate to one or more of the executors named in a will reserving leave to the executor who has not renounced, or the executors who have not renounced, to come in and apply for a grant of probate at a future time.
Where a deceased person has named the Public Trustee of a State or Territory of the Commonwealth as an executor of his or her will, the Court may grant probate of the will to that Public Trustee.
Subject to this Act and the Rules, the practice and procedure with reference to the granting of administration of the personal estate of an intestate shall be applicable, so far as may be, to the granting of administration of the real estate, and administration of both real and personal estate may be granted in and by the same letters.
(1) Subject to this section, the Court may grant administration of the estate of an intestate person to:
(a) the spouse or de facto partner of the deceased person;
(b) one or more of the next of kin;
(c) the spouse or de facto partner conjointly with one or more of the next of kin; or
(d) such person, whether a creditor or not of the deceased person, as the Court thinks fit.
(2) The Court shall not grant administration to a person who is not the spouse or de facto partner or one of the next of kin of the deceased unless:
(a) there is no such spouse or de facto partner or next of kin;
(b) there is no such spouse or de facto partner or next of kin within the jurisdiction who is, in the opinion of the Court, fit to be trusted; or
(c) there is no such spouse or de facto partner or next of kin who, when duly cited, appears and prays for administration.
(2A) References in subsections (1) and (2) to a spouse or de facto partner of a deceased person are references only to a spouse or de facto partner who is entitled to an interest in the deceased person’s intestate estate.
(3) The Court shall not grant administration to an infant.
The Registrar may order a person to whom a grant of administration is made to enter into, and file with the Registrar, a bond with a surety for duly collecting, getting in and administering the estate of a deceased person and before the issue of the administration the person shall enter into and file the bond accordingly.
(1) At any time after probate of the will, or administration of the estate, of a deceased person has been granted, the Court may, upon the application of a person who is interested in the estate, revoke the probate or administration, as the case may be.
(2) At any time after administration of the estate of a deceased person has been granted, the Court may, upon the application of a person who is interested in the estate, order the administrator of the estate to execute a bond, or an additional bond, as the case may be, of such amount and within such time as the Court thinks fit and with one surety, being an insurance company approved by the Minister.
(3) If an administrator fails to comply with the terms of an order made under subsection (2), the Court may remove the administrator and appoint another person to be an administrator of the estate in his or her place.
(4) Where the Court has removed an administrator of an estate under subsection (3) and appointed another person to be an administrator of the estate in his or her place, any contract, made before the date on which the administrator was so removed, in respect of which the administrator so removed was, in his or her capacity of administrator of the estate, a party shall, on and after that date, be read and construed, and may be enforced, as if references in the contract to the administrator so removed were references to the administrator so appointed in his or her place.
If, upon application by a surety to an administration bond, it appears to the Court that:
(a) the estate is being wasted, or is in danger of being wasted; or
(b) the surety is being in any way prejudiced, or in danger of being prejudiced, by the act or default of the person administering the estate,
the Court may grant such relief as it thinks fit.
Where:
(a) any person renounces probate of the will of which he or she is appointed an executor;
(b) an executor appointed in a will survives the testator but dies without having taken probate; or
(c) an executor named in a will is personally cited to take probate and does not appear to the citation,
the right of that person in respect of the executorship shall wholly cease, and the representation of the testator and the administration of his or her estate shall, without any further renunciation, go, devolve, and be committed in like manner as if that person had not been appointed executor.
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 contained in the will.
(1) Where an infant is sole executor, administration with the will annexed may be granted to:
(a) the guardian of that infant; or
(b) such other person as the Court thinks fit,
until the infant has attained the age of 18 years, with full or limited powers to act in the premises until probate has been granted to the executor or administration has been granted to some other person.
(2) The person to whom that administration is granted shall have the same powers vested in him or her as an administrator by virtue of an administration granted to him or her durante minore aetate of the next of kin.
(1) When any person named as executor, or any spouse, de facto partner or next of kin entitled to probate or administration, is out of the jurisdiction, but has some person within the jurisdiction appointed under power of attorney to act for him or her respectively, administration may be granted to that attorney, but on behalf of the person entitled thereto, and on such terms and conditions as the Court thinks fit.
(2) Where administration has been granted, under subsection (1), to an attorney appointed under a power of attorney, unless the grant otherwise provides, the grant continues in force notwithstanding the death of the donor of the power of attorney.
(1) The Court may:
(a) pending any suit touching the validity of the will of any deceased person, or for obtaining, recalling or revoking any probate or any grant of administration; or
(b) during a contested right of administration,
appoint an administrator of the personal estate and the same or any other person to be receiver of the real estate of any deceased person, with such full or limited powers, and with or without a bond or sureties, as the Court thinks fit.
(2) The Court may make such orders for the remuneration of the administrator or receiver out of the personal and real estate of the deceased person as it thinks right.
The Court may, in any case where a person dies:
(a) intestate;
(b) leaving a will, but without having appointed an executor thereof; or
(c) leaving a will and having appointed an executor thereof, who:
(i) is not willing and competent to take probate; or
(ii) is resident out of the Territory,
if it thinks it necessary or convenient, appoint some person to be the administrator of the estate of the deceased person or of any part of the estate, upon his or her giving such security (if any) as the Court directs, and every such administration may be limited as the Court thinks fit.
(1) In any case where the executor named in a will:
(a) neglects or refuses to prove the will or to renounce probate thereof within 3 months from the death of the testator or from the time of the executor attaining the age of 18 years; or
(b) is unknown or cannot be found,
the Court may, upon the application of:
(c) any person interested in the estate;
(d) a professional personal representative; or
(e) any creditor of the estate,
order that probate of the will be granted to the executor or order that administration with the will annexed be granted to the applicant or make such other order for the administration of the estate as it thinks fit.
If, at the expiration of 6 months from the death of any person, the executor to whom probate has been granted or the administrator is then residing out of the Territory, the Court may, upon the application of any creditor, legatee, next of kin or professional personal representative grant to the person so applying special letters of administration of the estate of the deceased person, nevertheless to cease upon an order being made under section 37.
The person applying for any such special grant shall satisfy the Court by affidavit that the executor or administrator of the estate of the deceased person is resident out of the Territory, and that:
(a) the applicant is thereby delayed in recovering or obtaining payment of moneys or the possession of goods and chattels or real estate, to which he or she is by law entitled; or
(b) the estate is liable to loss or waste.
(1) On the return within the Territory of the executor to whom probate has originally been granted, or the administrator, the executor or administrator may apply to the Court to rescind the special grant of administration.
(2) The Court, on the hearing of the application, may make an order to rescind the special grant of administration upon such terms and conditions as to security, costs, or otherwise as to the Court appear reasonable, and thereafter the original probate or administration shall be and remain as valid and effectual as if the special grant of administration had not been made.
Upon any order being made by the Court for the rescission of any grant of special administration, the special administrator shall be bound duly to account to the original executor or administrator, and to pay over all moneys received by him or her as such special administrator and then remaining in his or her hands undisposed of, as the Court may order.
If the executor or administrator neglects to apply for an order for the rescission of the special administration, he or she shall, notwithstanding that the special administration remains unrescinded, be liable to answer and make good all claims and demands against the estate of the deceased person to the extent of the assets which have come to his or her hands or which might have come to his or her hands but for his or her wilful neglect, or default, including the neglect mentioned in this section.
If, while any legal proceeding is pending in any court by or against any executor or administrator lawfully acting as such, the grant of probate or administration is revoked or rescinded, that court under its rules of procedure may provide that the proceeding be continued by or against the new personal representative in like manner, as if the proceeding had been originally commenced by or against him or her, but subject to such conditions and variations (if any) as that court directs.
(1) Notwithstanding anything contained in any law in force in the Territory, where an executor or administrator to whom representation has been granted, or where an administrator who has been appointed under this section:
(a) remains out of the Territory for more than 2 years;
(b) desires to be discharged from his or her office of executor or administrator; or
(c) after the grant or appointment, refuses, or is unfit, to act in the office, or is incapable of acting therein,
the Court may upon application order the discharge or removal of that executor or administrator, and the appointment of some proper person as administrator in place of the executor or administrator so discharged or removed, upon such terms and conditions as the Court thinks fit, and may make all necessary orders for vesting the estate in the new administrator, and as to accounts, and such order as to costs, as the Court thinks fit.
(2) Notice of the application shall be served on such persons, if any, as the Court directs.
(3) An executor or administrator so removed or discharged shall, from the date of the order, cease to be liable for acts and things done after that date.
(4) Upon the appointment of the new administrator the property and rights vested in, and the liabilities properly incurred in the due administration of the estate by, the executor or administrator so discharged or removed, shall become and be vested in, and transferred to, the new administrator, who shall, as such, have the same privileges, rights, powers, duties, discretions and liabilities, as if probate or administration had been granted to him or her originally.
(1) Where the Court is satisfied that a person was living at the time when probate of his or her will, or administration of his or her estate, was granted by the Court, the Court:
(a) shall revoke the grant on such terms, if any, as the Court thinks fit with respect to proceedings which have been commenced by or against the executor or administrator or with respect to costs or any other matter; and
(b) may at any time, whether before or after the revocation of the grant, make such orders as the Court thinks fit for the protection of the estate, including an order for an injunction against the executor or administrator or another person and an order for the appointment of a receiver.
(2) An application to the Court for the revocation, under subsection (1), of a grant of probate of the will, or administration of the estate, of a person may be made:
(a) by the person; or
(b) if the person has died since the grant – by any person entitled to apply for a grant of probate of the will, or administration of the estate, of the person or by a person interested in the estate of the person.
43 Effect of revocation of grant (1) Where a grant of probate or administration has been revoked under this Act:
(a) the executor or administrator to whom the grant was made shall account to the Court for the property that he or she has received, or that has vested in him or her, as such executor or administrator, and the Court may make such orders as it thinks fit with respect to the disposal by the executor or administrator of so much of that property as remains in his or her hands;
(b) the executor or administrator is not liable in respect of property that he or she has disposed of under the grant in good faith before the revocation of the grant if he or she complied with the provisions of section 16 in and in relation to the disposing of that property;
(c) the revocation of the grant does not, of its own force, invalidate a disposal of property made by, or to, the executor or administrator before the revocation of the grant;
(d) an action does not lie against the Registrar-General for loss suffered by any person in consequence of the registration of a dealing with land under the provisions of the
Land Title Act 2000 being a dealing lawfully made by the executor or administrator before the revocation of the grant; and(e) the Court may make such vesting orders as it thinks fit.
(2) This section does not affect:
(a) any entitlement of an executor or administrator to commission, or to any protection, indemnity, reimbursement or right under any other provision of this Act; or
(b) the right of a person to follow an asset into the hands of the person to whom it was distributed or who has received it.
Division 2 Caveats
Subject to and in accordance with the Rules, a person may, at any time before the granting of representation, lodge with the Registrar a caveat against an application for representation.
Upon the death of a person, his or her real and personal property vests in the Public Trustee until:
(a) it vests in the Public Trustee or other executor or administrator of the deceased person’s estate in pursuance of this or any other Act; or
(b) it is taken to vest in the Public Trustee or other professional personal representative under Part IV, Division 2.
(1) Until property vested in the Public Trustee under section 49 vests or is taken to vest in accordance with section 49(a) or (b), the Public Trustee may, if he or she thinks fit, exercise the powers and perform the duties in relation to the property that he or she would have been authorised to exercise and perform if the deceased had died intestate and the Public Trustee had been granted administration of the estate.
(2) When acting under this section, the Public Trustee must not:
(a) distribute any property to a beneficiary of the estate;
(b) sell, lease, exchange, mortgage or partition any portion of the real property of the estate unless ordered to do so by the Court on the application of the Public Trustee or another person; or
(c) sell any personal property without an order of the Court unless the property is of a perishable nature or liable to deteriorate or is for any other reason liable to decrease unduly in value if retained.
(3) A decision by the Public Trustee when acting under this section that personal property is of a perishable nature or is liable to deteriorate, or is for any reason liable to decrease unduly in value if retained, is conclusive and binding upon all persons.
(4) All costs, charges and expenses incurred by the Public Trustee when acting under this section is a first charge upon the property of the deceased person.
(5) If the property of the deceased person vests or is taken to vest in accordance with section 49(a) or (b) on an executor or administrator other than the Public Trustee, he or she must enter into an appropriate agreement with the Public Trustee for the payment of any costs referred to in subsection (4).
(6) The Public Trustee acting under this section is not liable as an executor de son tort.
(1) Before the Public Trustee first acts under section 50 in respect of an estate, he or she must serve a notice under this section on any person that he or she knows of who would be entitled to apply for representation of the estate.
(2) A notice served under this section is to be in the form the Public Trustee thinks fit and is to state that the Public Trustee intends to act under section 50 unless the person to whom the notice is directed applies for representation of the estate and that the Public Trustee will be entitled to act under that section if the person:
(a) does not, within a period of 21 days after service, advise the Public Trustee in writing that the person intends to apply for representation; or
(b) having advised the Public Trustee in accordance with paragraph (a):
(i) fails to apply to the Court within 14 days of giving that advice; or
(ii) makes an application to the Court and is not successful in obtaining representation.
(3) If the person served with a notice under this section fails to advise the Public Trustee in accordance with subsection (2)(a), or fails to obtain representation for a reason specified in subsection (2)(b), the Public Trustee may act under section 50 unless the Court orders otherwise.
(4) If more than one person is entitled to apply for representation of an estate, it is sufficient for the Public Trustee to serve a notice under this section on only one of those persons.
(5) If the Public Trustee is of the opinion that the delay in acting under section 50 caused by the requirement to give notice under this section would cause detriment to an estate, or to the interest of a creditor or beneficiary of the estate, the Public Trustee may act immediately under that section.
Upon the grant of representation of the estate of any deceased person, all the property whether real or personal which the person has left within the Territory, and which is unadministered at the date of the grant, shall, as from the death of that person, pass to and become vested in the executor to whom probate has been granted or the administrator (as the case may be) for all his or her estate and interest therein in the manner following, that is to say:
(a) on testacy, in the executor or administrator with the will annexed;
(b) on intestacy, in the administrator; and
(c) on partial intestacy, in the executor or administrator with the will annexed.
All real estate held by any person in trust or by way of mortgage, and vesting in pursuance of section 52, shall vest in his or her executor or administrator, subject to the trusts and equities affecting the estate.
(1) The real, as well as the personal, estate of every deceased person shall be assets in the hands of his or her executor to whom probate has been granted, or his or her administrator, for the payment of all duties and fees, and for the payment of his or her debts in the ordinary course of administration.
(2) The executor or administrator for purposes of administration, may, subject to the provisions of sections 80 and 82, sell that real estate, or mortgage it with or without a power of sale, and convey it to a purchaser or mortgagee in as full and effectual a manner in law as the deceased person could have done in his or her lifetime.
(1) The real and personal property of a deceased person, to the extent of his or her beneficial interest in it, and the real and personal property (if any) disposed of by the person’s will (whether made before or after the commencement of this Act) in exercise of a general power, are assets for the payment of the funeral, testamentary and administrative expenses, the debts and the liabilities of the person.
(2) If a person:
(a) on whom a beneficial interest in any property referred to in subsection (1) devolves;
(b) to whom such an interest is given; or
(c) in whom such an interest vests,
disposes of the interest or of a part of the interest in good faith before a proceeding is taken or process is sued out against him or her, the person is personally liable for the value of the interest or part so disposed of by him or her, but the interest or part is not liable to be taken in execution in the proceedings or under the process.
(1) Where a provision contained in the will of a deceased person operates as an appointment under a general power to appoint by will, the property, whether real or personal, that passes by virtue of the provision vests in the executor or administrator as if the testator had been entitled to the property at his or her death, whether or not he or she was so entitled for an estate or interest determining on his or her death or for any other estate or interest.
(2) Where a provision contained in the will of a person who died on or after 1 January, 1911, but before the commencement of this Act, operated as an appointment under a general power to appoint by will, the property, whether real or personal, that passed by virtue of the provision shall be deemed to have vested in the executor or administrator as if that property had been vested in the testator at the time of his or her death whether or not he or she was entitled to it for an estate or interest determining on his or her death or for any other estate or interest.
(3) Subsection (2) does not affect:
(a) a right or title that accrued, before the commencement of this Act, under a disposition by an appointee which, but for that subsection, would be valid; or
(b) the operation of section 52.
57 Administration of assets (1) Where the estate of a deceased person is sufficient for the payment in full of all the expenses, debts and liabilities payable from the estate, his or her real and personal property is, subject to the provisions of his or her will, if any, and to any law in force in the Territory as to charges on property, applicable in the order set out in Part I of Schedule 4 for the payment of the expenses, debts and liabilities payable from the estate.
(2) Where the estate of a deceased person is insufficient for the payment in full of all the expenses, debts and liabilities payable from the estate, his or her real and personal property shall, subject to the
Bankruptcy Act 1966 of the Commonwealth, be administered in accordance with the rules set out in Part II of Schedule 4.
(1) Where a deceased person leaves a will containing a residuary gift by virtue of which real or personal property is settled by way of succession, this section applies to and in relation to the income derived from that property.
(2) The income to which this section applies is not applicable in payment of:
(a) the funeral, testamentary or administrative expenses payable from the estate of the person;
(b) the debts or liabilities of the person;
(c) any interest that accrued on any such debts or liabilities before the death of the person; or
(d) any legacies bequeathed by the will of the person.
(3) The income to which this section applies is applicable in payment of the interest (if any) that accrues:
(a) on the funeral, testamentary or administrative expenses payable from the estate of the person;
(b) after the death of the person, on the debts or liabilities of the person; or
(c) on any legacies bequeathed by the will of the person,
before payment, and the income is so applicable in priority to any other assets in the estate of the person.
(4) Subject to subsection (3), the income to which this section applies is payable to the person for the time being entitled to the income from the settled property.
(5) Where, in the final adjustment of the estate of a deceased person among the persons entitled to share in the distribution of the estate:
(a) property (other than property referred to in subsection (1)) is treated as if it had been used in the proper order in payment of the funeral, testamentary and administrative expenses, or of the debts and the liabilities of the estate, or of any legacies bequeathed by the will of the deceased person although it was not in fact so used; and
(b) income was earned by that property after the death of the person but before the property was so used or was deemed to have been so used,
that income shall, for the purposes of this section, be deemed to be income to which this section applies.
(6) This section:
(a) does not affect the rights of a creditor of the estate; and
(b) applies, subject to the provisions of the will of the deceased person and of any law in force in the Territory, with respect to charges on the property of a deceased person.
59 Real estate to be held upon trusts of will Subject to the provisions of this Part, the real estate of every deceased person devising that estate by his or her will, shall be held by his or her executor to whom probate has been granted, or the administrator with the will annexed, according to the trusts and dispositions of the will.
The executor or the administrator to whom probate has been granted shall have the same rights, and be subject to the same duties, with respect to the real estate of the deceased person, as executors or administrators have or are subject to with reference to personal estate.
(1) The probate of any will or letters of administration with the will annexed is evidence of the due execution of the will for all questions concerning either real or personal estate.
(2) The copy attached or annexed to the probate or letters of administration, purporting to be a copy of the will, is evidence of the contents of the will.
(3) The probate of any will or letters of administration is evidence of the death and the date of the death of the testator or intestate.
(1) In this Division, unless the contrary intention appears:
intestate means a deceased person who either does not leave a will or leaves a will but does not dispose effectively, by the will, of the whole or part of his or her real or personal property.intestate estate , in relation to an estate, means:(a) in the case of an intestate who leaves a will – the real and personal property of the intestate that is not effectively disposed of by the will; or
(b) in any other case – the real and personal property of the intestate.
personal chattels , in relation to an intestate, means:(a) the articles of household or personal use or adornment, plated articles, china, glassware, pictures, prints, linen, jewellery, clothing, books, musical instruments or apparatus, scientific instruments or apparatus, wines, liquors, consumable stores and domestic animals of the intestate; and
(b) the motor cars and accessories of the intestate,
but does not include:
(c) any chattels of the intestate used exclusively for business purposes; or
(d) money and securities for money of the intestate.
personal representative , in relation to an intestate, means the executor of the will, or the administrator of the estate, of the intestate, as the case requires.(2) For the purposes of this Division:
(a) each spouse shall be regarded as a separate person; and
(b) in ascertaining relationship it is immaterial whether the relationship is of the whole blood or the half blood.
62 Executor, &c., to hold property on trust, &c. The personal representative of an intestate holds, subject to his or her rights, powers and duties for the purposes of administration, the intestate estate on trust for the persons entitled to it in accordance with the succeeding provisions of this Division or the provisions of Division 4A.
(1) Where a person who is entitled, under the provisions of this Division, to the whole of, or a share in, the intestate estate of an intestate has not attained, at the date of death of the intestate, the age of 18 years and is not married, the person is entitled to take the intestate estate, or the share in the intestate estate, beneficially, upon his or her attaining the age of 18 years or marrying before attaining that age.
(2) Where a person to whom subsection (1) applies dies before attaining the age of 18 years and without having married, this Division applies in relation to the intestate estate of the intestate as if the person had died before the intestate.
(3) This section does not affect the operation of a law in force in the Territory authorizing expenditure for the maintenance, advancement or benefit of a person under the age of 18 years out of property held on trust for, or for the benefit of, the person and, if property forming part of the intestate estate is expended for the maintenance, advancement or benefit of such a person and that person dies before attaining that age and without having married, the intestate estate shall, for the purposes of this Division, be deemed to have been reduced by the amount so expended.
Where an intestate and his or her spouse or de facto partner have died in circumstances rendering it uncertain which of them survived the other, this Division applies, as to the persons entitled to the intestate estate, as if the spouse or de facto partner had not survived the intestate.
An estate by courtesy or right of dower or an equivalent estate does not arise out of the real property as to which a person dies intestate.
(1) The person or persons entitled to take an interest in the intestate estate of an intestate, and the interest in that estate that that person is or those persons are entitled to take shall, subject to this Division, be ascertained by reference to Schedule 6 according to the facts and circumstances existing in relation to the intestate.
(2) Where an intestate is survived by his or her spouse or a de facto partner, his or her intestate estate shall be taken, for the purposes of Schedule 6 and subsection (1), not to include any personal chattels of the intestate.
(3) For the purposes of Schedule 6, the value of the intestate estate of an intestate shall be ascertained by deducting from the gross value of that intestate estate an amount equal to such of the debts and liabilities of the estate, the funeral and testamentary expenses, the costs and expenses of administering the estate and the estate duties, succession duties and other duties and fees payable in relation to the estate as are payable out of that intestate estate.
(4) Where a paragraph of Schedule 6 provides for the payment of a sum out of the estate of an intestate and then provides for the payment of an additional sum equal to a particular proportion of the value of the balance of the intestate estate, the value of the balance of the intestate estate shall be ascertained for the purposes of that paragraph by ascertaining the value of the intestate estate in the manner provided by subsection (3) and deducting from that value the first-mentioned sum.
(5) For the purposes of Schedule 6:
(a) the brothers and sisters of an intestate;
(b) the grandparents of an intestate;
(c) the brothers and sisters of a parent of an intestate; and
(d) the issue of any of those brothers or sisters who predeceased the intestate,
are the next of kin of the intestate.
(1) This section applies to the personal chattels of an intestate so far as not effectively disposed of by his or her will (if any), and has effect subject to section 67A.
(2) Where the intestate is survived either by a spouse or by a de facto partner, but not by both, the surviving spouse or de facto partner, as the case may be, is entitled to the personal chattels absolutely.
(3) Where the intestate is survived by both a spouse and a de facto partner:
(a) the de facto partner is entitled to the personal chattels absolutely if:
(i) he or she was the de facto partner of the intestate for a continuous period of not less than 2 years immediately preceding the intestate’s death, and the intestate did not at any time during that period live with the person to whom he or she was married; or
(ii) the intestate is also survived by issue of the intestate and the de facto partner; and
(b) except where paragraph (a) applies, the spouse is entitled to the personal chattels absolutely.
67A Intestate Aboriginals survived by more than one spouse Where an intestate Aboriginal is survived by more than one spouse, the whole or that part of the intestate estate, as the case may be, passing to the spouse of the intestate by force of section 66(1) and the value of the personal chattels of the intestate passing to the spouse by force of section 67 shall be divided into a number of parts equal to the number of spouses of that intestate and each spouse of the intestate is entitled to one of those parts of the estate and chattels.
(1) Where an intestate is survived by issue who are entitled to the whole or a part of his or her intestate estate:
(a) if only one child of the intestate survives the intestate – that person is entitled to the whole, or that part, of the intestate estate, as the case may be;
(b) if the intestate is survived by the issue of his or her child or one of his or her children but by no other issue – those issue are entitled to the whole, or that part, of the intestate estate, as the case may be, through all degrees according to their stocks, and, if there are more than one issue, in equal shares; or
(c) in any other case – the whole or that part of the intestate estate shall be divided into a number of parts ascertained in accordance with subsection (2) and:
(i) each child (if any) of the intestate who survived the intestate is entitled to one of those parts; and
(ii) the issue of each child (if any) of the intestate who died before the intestate leaving issue who survived the intestate are entitled to one of those parts through all degrees, according to their stocks, and, if there are more than one issue, in equal shares.
(2) The number of parts for the purposes of subsection (1)(c) is a number equal to the sum of:
(a) a number equal to the number of children (if any) of the intestate who survived the intestate; and
(b) a number equal to the number of children (if any) of the intestate who died before the intestate leaving a child or remoter issue who survived the intestate.
(3) Where:
(a) an intestate has, within the period of 5 years immediately before his or her death, paid any money, or transferred or assigned any property, to or for the benefit of his or her child, or settled any money or property for the benefit of his or her child, by way of advancement or on marriage of the child; and
(b) his or her intestate estate, or a part of his or her intestate estate, is divisible between the child, or the issue of the child, and other issue of the intestate,
the money or property shall be taken to have been paid, transferred, assigned or settled in or towards satisfaction of the share that the child will become entitled to take, or would become entitled to take if he or she were to survive the intestate, as the case may be, in the intestate estate or the part of the intestate estate unless:
(c) the contrary intention was expressed or appears from the circumstances of the particular case; or
(d) the value, as at the date of death of the intestate, ascertained in accordance with the requirements of the personal representative of the intestate, of all the money so paid or settled, of all the property so transferred, assigned or settled or all that money and property, or of so much of all that money or property, or money and property, in respect of which such a contrary intention was not expressed or did not appear, does not exceed 10 000 monetary units.
(4) Where any money or property is taken to have been paid, transferred, assigned or settled, in accordance with subsection (3), in or towards satisfaction of the share of a child of an intestate, the money or property shall be brought into account, at a valuation, as at the date of death of the intestate, in accordance with the requirements of the personal representative of the intestate, in calculating the share that the child or the issue of the child, as the case may be, is entitled to take under this Division in the intestate estate or a part of the intestate estate.
(1) Where, by virtue of this Act, the next of kin of an intestate are entitled to his or her intestate estate, the persons entitled to that intestate estate shall be ascertained in accordance with the following paragraphs:
(a) the brothers and sisters of the intestate who survived the intestate, and the issue of a brother or sister of the intestate who died before the intestate, being issue who survived the intestate, are entitled to the intestate estate;
(b) if the intestate is not survived by any persons entitled to the intestate estate under paragraph (a) but is survived by one or more of his or her grandparents, the grandparent is entitled to the intestate estate or the grandparents are entitled to the intestate estate in equal shares, as the case requires; and
(c) if the intestate is not survived by any persons entitled to the intestate estate under paragraphs (a) and (b), the uncles and aunts of the intestate who survived the intestate and the issue of such an uncle or aunt who died before the intestate, being issue who survived the intestate, are entitled to the intestate estate.
(2) The intestate estate of an intestate shall be divided amongst the brothers and sisters or the uncles and aunts of the intestate, and the issue of those brothers or sisters, or uncles or aunts, who died before the intestate, in the same manner as the intestate estate would have been divided amongst those persons if the brothers and sisters or the uncles and aunts, as the case may be, had been children of the intestate and the issue of a brother, sister, uncle or aunt who died before the intestate had been issue of a child of the intestate who died before the intestate.
(1) Where a beneficial interest in the real or personal property (other than personal chattels) of an intestate is acquired under a will of the intestate by a spouse or de facto partner of the intestate who, but for this section, would be entitled to an interest in the intestate’s intestate estate by virtue of Schedule 6, then:
(a) the person or persons entitled to take an interest in the intestate estate; and
(b) the interest in that estate which that person or those persons is or are entitled to take,
shall be ascertained by reference to this section, with Schedule 6 applying only to the extent that this section so provides.
(2) Where the intestate is not survived by issue or a parent, a brother or sister or the issue of a brother or sister – the spouse or de facto partner is entitled to the whole of the intestate estate.
(3) Where the intestate is survived by issue:
(a) if the value of the beneficial interest that is acquired by the spouse or de facto partner under the will does not exceed the amount prescribed for the purposes of item 2 in Part I of Schedule 6 – that item (including that item as applied by Part II or III of Schedule 6) has effect as if references in it to the prescribed amount or the prescribed sum were references to the prescribed amount or the prescribed sum, as the case may be, reduced by the value of that beneficial interest; or
(b) if the value of the beneficial interest that is acquired by the spouse or de facto partner under the will exceeds the amount prescribed for the purposes of item 3 in Part I of Schedule 6:
(i) the spouse or de facto partner is entitled to be paid out of the intestate estate a sum equal to, if one child or the issue of one child of the intestate but no other issue of the intestate survives the intestate, one-half of the value of the intestate estate or, in any other case, one-third of the value of the intestate estate; and
(ii) the issue of the intestate are entitled to the balance of the intestate estate after payment to the spouse or de facto partner of the sum to which the spouse or de facto partner is entitled under subparagraph (i).
(4) Where the intestate is not survived by issue but is survived by a parent, a brother or sister or the issue of a brother or sister:
(a) if the value of the beneficial interest that is acquired by the spouse or de facto partner under the will does not exceed the amount prescribed for the purposes of item 3 in Part I of Schedule 6 – that item (including that item as applied by Part II or III of Schedule 6) has effect as if references in it to the prescribed amount or the prescribed sum were references to the prescribed amount or the prescribed sum, as the case may be, reduced by the value of that beneficial interest; or
(b) if the value of the beneficial interest that is acquired by the spouse or de facto partner under the will exceeds the amount prescribed for the purposes of item 3 in Part I of Schedule 6:
(i) the spouse or de facto partner is entitled to be paid out of the intestate estate a sum equal to one-half of the value of the intestate estate;
(ii) if the intestate is survived by one or both of his or her parents (whether or not the intestate is also survived by a brother or sister or the issue of a brother or sister) – the surviving parent is entitled, or the parents are entitled in equal shares, as the case may be, to the balance of the intestate estate after payment to the spouse or de facto partner of the sum to which the spouse or de facto partner is entitled under subparagraph (i); and
(iii) if the intestate is not survived by a parent – the brothers and sisters of the intestate who survive the intestate, and the issue who survive the intestate of a brother or sister of the intestate who died before the intestate, are entitled to the balance of the intestate estate, after payment to the spouse or de facto partner of the sum to which the spouse or de facto partner is entitled under subparagraph (i), in the shares in which he, she or they would have been entitled to the intestate estate if the intestate had not been survived by his or her spouse or de facto partner.
(5) Section 66(3) applies for the purposes of subsections (3) and (4) in like manner as it applies for the purposes of Schedule 6.
(6) Where a child of an intestate who is entitled to take an interest in his or her intestate estate also acquires an interest under the will of the intestate in the real or personal property of the intestate, the interest to which the child is entitled under the will shall be brought into account, at a valuation, as at the date of death of the intestate, in accordance with the requirements of the personal representative of the intestate, in calculating the interest that the child is entitled to take under this Division in the intestate estate.
(7) For the purposes of this section, a beneficial interest in real or personal property acquired by virtue of the exercise, by will, of a general power of appointment, shall be taken to be an interest acquired under that will.
(1) This Division applies in respect of the intestate estate of an intestate Aboriginal who:
(a) has not entered into a marriage that is a valid marriage under the
Marriage Act 1961 of the Commonwealth; and(b) dies after the commencement of the
Administration and Probate Act 1979 .
(2) In this Division
intestate andintestate estate have the meanings respectively ascribed thereto in Division 4.
For the purposes of this Division, the intestate estate of an intestate does not include an amount equal to such of the debts and liabilities of the estate, the funeral and testamentary expenses, the costs and expenses of administering the estate and the estate duties, succession duties and other duties and fees payable in relation to the estate as are payable out of the intestate estate.
(1) A person who claims to be entitled to take an interest in an intestate estate of an intestate Aboriginal under the customs and traditions of the community or group to which the intestate Aboriginal belonged or a professional personal representative may apply to the Court for an order under this Division in relation to the intestate estate.
(2) An application under subsection (1) shall be accompanied by a plan of distribution of the intestate estate prepared in accordance with the traditions of the community or group to which the intestate Aboriginal belonged.
(1) Subject to subsection (2), an application under section 71B in respect of an intestate estate shall be made within a period of 6 months after the date on which administration has been granted in respect of the estate.
(2) The Court may, after hearing such of the persons affected as the Court thinks necessary, extend the time in which an application may be made under section 71B.
(3) An extension of time in pursuance of this section made be granted:
(a) upon such conditions as the Court thinks fit; and
(b) whether or not the time for making an application has expired.
(4) An application for an extension under this section of the time within which an application under section 71B may be made shall not be made after the intestate estate has been lawfully and fully distributed.
(5) An application under section 71B shall, for the purposes of this section, be deemed to have been made on the date upon which the notice of motion or other document instituting the application is filed.
(1) Where an application has been made to the Court under section 71B in relation to an intestate estate, the applicant shall cause notice of the application to be served on each person who is an administrator of the intestate estate.
(2) The Court may:
(a) of its own motion, and either before or during the hearing of an application under section 71B; or
(b) on application made by the applicant or by the administrator of the intestate estate,
order that notice of the application be served on such person as the Court thinks fit.
(1) Notwithstanding any other provision of this Act but subject to this Division, the Court may order that an intestate estate or a part of an intestate estate be distributed in the manner specified by the Court.
(2) The Court shall, in making an order for the distribution of an intestate estate under this Division, take into account:
(a) the plan of distribution prepared under section 71B(2); and
(b) the traditions of the community or group to which the intestate Aboriginal belonged.
(3) The Court shall not make an order for the distribution of an estate under this Division unless it is satisfied that to make the order would, in all the circumstances, be just.
(1) Subject to subsection (2), but notwithstanding any distribution of an intestate estate made by the administrator of the estate before the administrator had notice of an application under section 71B in relation to the estate made within 6 months after the date on which administration of the estate was granted, the Court may make an order under this Division in respect of the property comprised in the intestate estate that has been so distributed.
(2) The Court shall not make an order under subsection (1) if the making of that order would affect or disturb a distribution that was a proper distribution made for the purposes of providing for the maintenance, education or advancement in life of a person who was totally or partially dependent on the intestate Aboriginal immediately before his or her death.
(1) In this Division:
dwelling includes:(a) a unit or building lot under the
Unit Titles Act 1975 ; and(aa) a unit under the
Unit Title Schemes Act 2009 ; and(b) a part of a building that is designed for occupation as a permanent residence.
intestate , see section 61(1).intestate estate , see section 61(1).personal representative , see section 61(1).representation , in relation to an intestate, means probate of the will, or administration (including administration with the will of the intestate annexed) of the estate, of the intestate, as the case requires.(2) This Division does not apply to or in respect of the intestate estate of an Aboriginal person who is survived by more than one spouse.
(1) Subject to the provisions of this Division, where the intestate estate of an intestate who is survived by his or her spouse or de facto partner comprises or includes an interest in a dwelling in which the spouse or de facto partner of the intestate was residing at the date of the intestate’s death, the spouse or de facto partner may elect to have that interest appropriated under section 81 in or towards the satisfaction of any interest of the spouse or de facto partner in the real and personal property of the intestate; and, if the spouse or de facto partner so elects, the personal representative of the intestate shall appropriate that interest accordingly.
(2) An election under this section may be exercised within a period of one year after the date on which representation in the estate of the intestate is granted by the Court or within such extended period as the Court allows.
(3) Where:
(a) probate of a will of the intestate has been revoked on the ground that the will be invalid;
(b) a question whether a person had an interest in the estate of the intestate, or a question as to the nature of an interest claimed in the estate of the intestate, had not been determined at the time when administration of the estate was granted or first granted, as the case may be; or
(c) the Court, for any other reason affecting the administration or distribution of the estate, considers it proper to do so,
the Court may extend the period specified in subsection (2).
(4) An election by a spouse or de facto partner shall be furnished in writing:
(a) if the spouse or de facto partner is not a personal representative of the intestate – to the personal representative or to each personal representative, as the case may be, of the intestate;
(b) if the spouse or de facto partner is one of the personal representatives of the intestate – to the other personal representative, or to each other personal representative, as the case may be, of the intestate; or
(c) if the spouse or de facto partner is the sole personal representative of the intestate – to the Registrar.
(5) An election is not revocable except with the consent of the personal representative or of each personal representative, as the case may be, of the intestate.
(6) A spouse or de facto partner may require the personal representative of the intestate to have the interest in the dwelling valued, and to inform him or her of the result of that valuation, before deciding whether to exercise the right conferred by this Division.
For the purposes of this Division, the value of the interest of an intestate in a dwelling is the amount determined by a valuer, within the meaning of the
The right conferred by this Division is not exercisable where the interest of the intestate in the dwelling is a tenancy:
(a) that will determine within a period of 2 years after the date of death of the intestate; or
(b) that the landlord is, by notice given after the date of death of the intestate, entitled to determine before the expiration of that period.
Where:
(a) a dwelling forms part of a building and an interest in the whole of the building is comprised in the intestate estate of an intestate;
(b) a dwelling is held with agricultural land and an interest in the agricultural land is comprised in the intestate estate of an intestate;
(c) the whole or part of a dwelling was, at the date of an intestate’s death, used as a hotel or boarding-house; or
(d) a part of a dwelling was, at the date of an intestate’s death, used for purposes other than domestic purposes,
the right conferred by this Division on the spouse or de facto partner of the intestate in respect of the dwelling is not exercisable by the spouse or de facto partner unless the Court, being satisfied that the exercise of that right is not likely to:
(e) diminish the value of the assets (other than the interest in the dwelling) in the intestate estate; or
(f) make those assets more difficult to dispose of,
orders that it be so exercisable.
(1) A personal representative of an intestate is not authorized to sell or otherwise dispose of the interest of the intestate in a dwelling in which the spouse or de facto partner of the intestate was residing at the date of the intestate’s death during the period of one year after the date on which representation in the estate of the intestate is granted by the Court or, if that period is extended by the Court, during that extended period without the consent in writing of the spouse or de facto partner, except in the course of administration owing to want of other assets or except with the approval of the Court.
(2) Where on an application for an order under section 76 made by the spouse or de facto partner or by the personal representatives of the intestate, the Court does not order that the right conferred by section 73 may be exercised by the surviving spouse or de facto partner, the Court may approve the disposal of the interest in the dwelling within the period of one year referred to in subsection (1).
(3) This section does not apply where the spouse or de facto partner of the intestate is the sole personal representative, or one of 2 or more personal representatives, of the intestate.
(4) Nothing in this section shall be taken to affect the validity of a sale by the personal representatives of an intestate of any part of the estate of the intestate.
Where the spouse or de facto partner of an intestate is the sole personal representative of the intestate or one of 2 or more personal representatives of the intestate, he or she may, notwithstanding that he or she is a trustee, acquire under this Division the interest of the intestate in the dwelling in which the spouse or de facto partner was residing at the date of the intestate’s death.
(1) Where the spouse or de facto partner of an intestate is a person under a disability, other than an infant, a requirement or consent under this Division may be made or given on his or her behalf by his or her guardian, if any, or, where there is no such guardian, by the Court.
(2) A requirement of consent made or given under this Division by a surviving spouse or de facto partner who is an infant is as valid as it would be if he or she had attained the age of 18 years.
(1) Subject to this section, executors and administrators may, without the consent of any person or the order of a court:
(a) sell or mortgage the real estate of the deceased person for purposes of administration;
(b) sell the real estate of the deceased person as to which he or she died intestate, for purposes of distribution or division amongst the persons entitled;
(c) lease the real estate of the deceased person in possession for any term not exceeding 3 years; or
(d) subject to subsection (4), raise, on the security of the whole or any part of the intestate estate of the deceased person, any sum required by the executors or administrators for the purpose of paying to the spouse or de facto partner of the person the share, or a part of the share, of the spouse in the intestate estate of the person.
(2) Any conditions may be imposed on the exercise of any such power of sale, mortgage, lease or raising of any sum by an administrator, and either generally or in the case of a particular sale, mortgage, lease or raising of any sum, by Rules of Court, or by the Court in the grant of administration (if any), or by other order.
(3) The Registrar shall write on the letters of administration, and on any copy of the letters of administration issued by him or her, a certified copy of any conditions imposed by the Court under subsection (2).
(4) The power conferred by subsection (1)(d) on the executors or administrators of a deceased person is exercisable only in a case where the deceased person is an intestate for the purposes of Division 4.
(5) In this section,
the intestate estate , in relation to a person who is an intestate for the purposes of Division 4, has the same meaning as in that Division.(6) A purchaser, mortgagee, lessee or other person who for valuable consideration acquires an interest in the estate of a deceased person, or the Registrar-General or other person registering title under any sale, mortgage or lease under this section, is not bound to inquire whether the powers mentioned in subsection (1) or any of them are being or have been exercised for the purposes specified in that subsection, and the receipt of the executor or administrator shall be a sufficient discharge, and shall exonerate the persons paying the moneys from any responsibility for the application of the moneys expressed to have been so received.
(7) Some or one only of several executors or administrators shall be entitled to exercise those powers with the leave of the Court, and not otherwise, and the Court may make such orders as it thinks fit for the purpose of carrying out any such sale, mortgage, lease or raising of any sum.
(1) Subject to this section, the executor or administrator may, without the consent of any person or the order of a court, appropriate any part of the estate, including things in action, of the deceased person, in its actual condition or state of investment at the time of appropriation, in or towards satisfaction of any legacy bequeathed by the deceased person or of any other interest or share in his or her property, whether settled or not, as to the personal representative seems just and reasonable according to the respective rights of the persons interested in the property of the deceased person.
(2) An appropriation shall not be made under this section so as to affect prejudicially any specific device or bequest.
(3) Subject to this section, an appropriation of property, whether or not it is an investment authorized by law or by the will (if any) of the deceased person for the investment of money subject to the trust created by the will, shall not be made under this section except with the following consents:
(a) when made for the benefit of a person absolutely and beneficially entitled in possession – the consent of that person;
(b) when made in respect of any settled legacy, share or interest – the consent of either the trustee thereof, if any, (not being also the executor or administrator) or the person who is for the time being entitled to the income.
(4) If the person whose consent is required under subsection (3) is an infant or a mentally defective person, the consent shall be given on his or her behalf by:
(a) his or her parents or parent, testamentary or other guardian or committee;
(b) the Court on the application of his or her next friend, if he or she is an infant and there is not such a parent or guardian; or
(c) the Court on the application of the executor or administrator, if he or she is a mentally defective person and there is not such a committee.
(5) No consent (except of such a trustee as is mentioned in subsection (3)(b)) shall be required on behalf of a person who may come into existence after the time of appropriation or who cannot be found or ascertained at that time.
(6) If, independently of the executor or administrator, there is no trustee of a settled legacy, share or interest and no person of full age and capacity entitled to the income thereof, no consent shall be required to an appropriation in respect of the legacy, share or interest provided that the appropriation is of an investment authorized by law or by the will (if any) of the deceased person for the investment of money subject to the trust.
(7) Any property duly appropriated under the powers conferred by this section shall thereafter be treated as an authorized investment and may be retained or dealt with accordingly.
(8) For the purposes of such an appropriation the executor or administrator may ascertain and fix the value of the respective parts of the real and personal estate and the liabilities of the deceased person as he or she thinks fit and shall for that purpose employ a duly qualified valuer in any case where such employment may be necessary and may make any conveyance (including an assent) which may be requisite for giving effect to the appropriation.
(9) An appropriation made pursuant to this section shall bind all persons interested in the property of the deceased person whose consent is not required by this section.
(10) The executor or administrator shall in making the appropriation have regard to the rights of any person who may thereafter come into existence or who cannot be found or ascertained at the time of appropriation and of any other person whose consent is not required by this section.
(11) This section shall not prejudice any other power of appropriation conferred by law or by the will (if any) of the deceased person and where an appropriation is made under this section in respect of a settled legacy, share or interest, the property appropriated shall remain subject to all trusts for sale and powers of leasing, disposition and management or varying investments which would have been applicable to it or to the legacy, share or interest in respect of which the appropriation is made if no such appropriation had been made.
(12) If, after any real estate (including chattels real) has been appropriated in purported exercise of the powers conferred by this section, the person to whom it was conveyed disposes of it or any interest in it, then in favour of a purchaser the appropriation shall be deemed to have been made in accordance with the requirements of this section and after all requisite consents (if any) had been given.
(13) In this section a settled legacy, share or interest includes any legacy, share or interest to which a person is not absolutely entitled in possession at the date of the appropriation and includes also an annuity; and
purchaser means a purchaser for money or money’s worth.(14) This section:
(a) applies whether the deceased person died intestate or not;
(b) extends to property over which a testator exercises a general power of appointment, including the statutory power to dispose of entailed interests; and
(c) authorizes the setting apart of a fund to answer an annuity by means of the income of that fund or otherwise.
82 Court may make special order The Court or a Judge may, where administration has been granted, upon the application of the administrator, or in case of partial intestacy the executor or administrator with the will annexed, or of any person beneficially interested, and after such previous notice to the other parties and inquiry as the Court or Judge thinks fit, order and direct the course of proceedings which shall be taken in regard to:
(a) the time and mode of sale of any real estate;
(b) the letting and management thereof until sale;
(c) the application for maintenance or advancement or otherwise of shares or income of shares of infants; and
(d) the expediency and mode of effecting a partition, if applied for,
and generally in regard to the administration of the real estate for the greatest advantage of all persons interested.
(1) The Court may, where it thinks it beneficial so to do and subject to such conditions as it thinks fit to impose, authorize an executor or administrator:
(a) to postpone, for such period as the Court thinks fit, the realization of the real or personal estate of a deceased person, or any part of that estate; or
(b) to carry on, for such period or periods as the Court from time to time thinks fit, the business, trade or occupation of the deceased person, and for that purpose to use therein such estate or part thereof.
(2) An order under this section may be made either ex parte or on such notice as the Court in any case thinks proper, and may be varied from time to time as the Court thinks fit.
(3) If an executor or administrator has, prior to the commencement of this Act, postponed the realization of the estate of a deceased person, or any part of that estate, or carried on the business, trade or occupation of the deceased person, the Court may, in its discretion, approve of any such postponement or carrying on of the business, trade or occupation, and the approval shall operate and take effect as if this section had been in force when such postponement or carrying on of the business, trade or occupation occurred and the approval had been obtained prior thereto.
(1) Where, upon an inquiry under section 82 the Court is satisfied that a partition of the real estate, or any part thereof, will be advantageous to the parties interested therein, the Court may appoint one or more arbitrators to effect the partition.
(2) The report and final award of the arbitrators setting forth particulars of the land allotted to each party interested shall, when signed by them and confirmed by the order of the Court and registered in the office of the Registrar-General, be effectual without the necessity of any further conveyance to vest in each party the land so allotted to him or her, and an office copy of the award so signed, confirmed, and registered, shall for all purposes be equivalent to an indenture of conveyance to each party of the lands allotted to him or her.
(3) In the case of land subject to the provisions of the
Land Title Act 2000 each party shall be entitled to have issued to him or her a certificate as to title for the land so allotted to him or her.(4) If the allotment be made subject to the charge of any money payable to any other party interested for equalizing the partition, the charge shall take effect according to the terms and conditions in regard to time and mode and otherwise which are expressed in the award without the necessity of any further instrument being made or executed.
(5) In the case of land subject to the provisions of the
Land Title Act 2000 , the certificate as to title shall issue subject to the charge, unless the charge is satisfied.
(6) The preceding provisions of this section do not authorize the partition of any real estate in contravention of the provisions of any other law in force in the Territory relating to the partition of that real estate.
A personal representative shall not be required against his or her own consent to continue the duty of a trustee by managing the property during an enforced suspension of sale, but shall be entitled, upon that suspension being ordered, to relinquish his or her trust to such person as the Court appoints.
(1) In the administration of the estate of a deceased person, all the creditors of every description of that person shall, notwithstanding anything to the contrary contained in any law, be treated as standing in equal degree and be paid accordingly out of the assets of the deceased person.
(2) In the administration of the estate of a deceased person, in respect of which representation is granted under this Act, no debt or liability of that person shall be entitled to any priority or preference by reason only that it is due to an executor or administrator of the estate.
(3) This Act shall not prejudice or affect any mortgage, lien, charge or other security which any creditor may hold or be entitled to for payment of his or her debt.
(4) Nothing in this Act shall affect the provisions of any law protecting life assurance or other policies against creditors.
If the executor or administrator, after request in writing, neglects or refuses to:
(a) execute a conveyance of land devised to the devisee; or
(b) pay or hand over to the person entitled any legacy or residuary bequest,
the Court may, on the application of such devisee or person, make such order in the matter as it thinks fit.
An executor or administrator of the estate of a deceased person shall, when required to do so by:
(a) the Court; or
(b) the
Supreme Court Rules 1987 ,
file or file and pass accounts relating to the administration of the estate.
The Registrar in the name and under the seal of the Court may make any order or grant any certificate which the Court may make or grant:
(a) in and about the passing and allowance of the accounts of executors and administrators and the costs in connection therewith where no commission is applied for; or
(b) in or in connection with the granting of further time to executors and administrators to file, to file and pass or to pass their accounts in a case where no objection is raised to the granting of the further time by a person interested or where no doubt or difficulty arises.
(1) In case an executor or administrator neglects for one month after the expiration of the period fixed, to file an inventory or statement, or to file, to file and pass or to pass accounts, in accordance with section 89, the Registrar shall cause the executor or administrator to be notified of the neglect.
(2) In the case of further neglect for a period of one month, the Registrar shall cause the executor or administrator to be summoned before the Court to show cause why he or she should not be ordered to file the inventory or statement or to file, to file and pass or to pass the accounts forthwith.
(3) If the executor or administrator does not, within the prescribed time, or within such further time as is allowed him or her by the Court, file the inventory or file, file and pass or pass the accounts, as the case may be, in the prescribed manner or in such other manner as the Court orders, he or she shall be liable to punishment for contempt of court.
(4) An executor or administrator to whom this section applies is, unless the Court otherwise orders, personally liable for the costs and expenses of any proceedings in pursuance of subsection (3).
Proceedings being taken under section 91 shall not prejudice the right to proceed against the executor or administrator for an account and administration, or prevent the Court from ordering the assignment of any bond to any person with a view to enforcing the penalty thereof.
(1) The Court may make such order, as it thinks fit, with reference to the distribution or application of any moneys which the executor, administrator or Public Trustee has in hand, or as to the residue of the estate.
(2) No final order for distribution shall be made except upon notice to all the parties entitled.
The executor or administrator who has acted under any revoked or rescinded probate or administration may retain and reimburse himself or herself, or shall be entitled to be reimbursed for, an amount equal to the amount of any payments made by him or her which the person to whom probate or administration is afterwards or was originally granted might have lawfully made.
All persons making or permitting to be made any payment or transfer, bona fide, upon any probate or administration or order granted in respect of the estate of any deceased person under the authority of this Act shall be indemnified and protected in so doing, notwithstanding any defect or circumstance whatsoever affecting the validity of the probate or administration or order not then known to those persons.
(1) Where an executor or administrator has given such or the like notices as, in the opinion of the Court in which the executor or administrator is sought to be charged, would have been given by the Supreme Court in an administration suit, for creditors and others to send in to the executor or administrator their claims against the estate of the testator or intestate, the executor or administrator may at the expiration of the time named in the notices, or the last of the notices, for sending in those claims, distribute the assets of the testator or intestate, or any part thereof, amongst the persons entitled thereto, having regard to the claims of which the executor or administrator has then notice.
(2) The executor or administrator shall not be liable for the assets or any part thereof so distributed to any person of whose claim he or she has not had notice at the time of the distribution.
(3) An action shall not lie against the administrator of an intestate estate of an intestate Aboriginal by reason of the distribution of the whole or any part of the intestate estate of the Aboriginal if the distribution was a distribution made in pursuance of an order under Division 4A of Part III or if:
(a) the distribution was made before the administrator had notice of an application for such an order; and
(b) before making the distribution, the administrator had given notices under subsection (1) and the time specified in the notices or in the last of the notices for the sending in of claims had expired.
97 Claim barred against executor or administrator in certain cases (1) When an executor or administrator has given the notices mentioned in section 96, and a claim against the estate is sent in to him or her, the administrator or executor may, if he or she disputes the claim, serve upon the person, by whom or on whose behalf the claim was sent in, a notice calling upon that person to take proceedings to enforce his or her claim within a period of 6 months, and to duly prosecute the claim.
(2) If, after that period of 6 months has expired, that person does not satisfy the Court that he or she is duly prosecuting his or her claim, the Court may, on application by the executor or administrator, make an order barring the claim against the executor or administrator, subject to such conditions as appear just, or make such other order as the Court thinks fit.
(1) Where an executor or administrator liable as such, under any lease or agreement for a lease, granted or assigned to, or made and entered into with, the testator or intestate whose estate is being administered, to the rents, covenants or agreements contained in the lease or agreement for a lease has:
(a) satisfied all such liabilities under the lease, or agreement for a lease, as have accrued due and been claimed up to the assignment mentioned in paragraph (c);
(b) set apart a sufficient sum to answer any future claim that may be made in respect of any fixed and ascertained sum, covenanted or agreed by the lessee, to be laid out on the property demised, or agreed to be demised, although the period for laying out the sum may not have arrived; and
(c) assigned the lease, or agreement for a lease, to a purchaser, or to a legatee, devisee, or other person entitled to call for a conveyance thereof,
he or she may distribute the estate of the testator or the intestate remaining in his or her hands amongst the parties entitled thereto respectively, without appropriating any part, or any further part thereof, as the case may be, to meet any future liability under the lease, or agreement for a lease.
(2) An executor or administrator so distributing the estate shall not, after having made or executed that assignment, and having, where necessary, set apart that sufficient fund, be personally liable in respect of any subsequent claim under the lease, or agreement for a lease.
(3) In this section
lease includes an underlease.
Nothing in section 96, 97 or 98 contained shall prejudice the right of any creditor or claimant or lessor, or those claiming under any lessor, to follow the assets or estate, or any part thereof, into the hands of the persons, or any of them, among whom they may have been distributed, or who may have received them.
(1) Every executor or administrator:
(a) named in any probate or letters of administration granted by any Court of competent jurisdiction in a relevant country and making application under the provisions of this Act for the sealing of the probate or administration; or
(b) appointed under this Act,
shall be deemed to be resident in the Territory.
(2) Where not actually so resident, he or she shall, before the issue or sealing of any probate or administration, file with the Registrar an address in the Territory at which notices and processes may be served upon him or her and all services at that registered address shall be deemed personal service.
(1) It shall be lawful for the Court to allow out of the assets of a deceased person to his or her executor, administrator or trustee for the time being, in passing his or her accounts, such commission or percentage, not exceeding 5% for his or her pains and trouble as is just and reasonable.
(2) No such allowance shall be made to an executor, administrator or trustee who neglects or omits, without a special order of the Court, to pass his or her accounts in accordance with section 89.
(1) If, in the administration of an estate by a professional personal representative, a person claims against the estate (whether as a creditor or beneficiary) and the professional personal representative is in doubt as to the validity of the claim, the professional personal representative:
(a) may institute the inquiries that the representative thinks proper regarding the claim; and
(b) may, by a summons, require the claimant or any other person to appear and answer all the questions that may be put to the claimant or other person with reference to the claim before:
(i) if the value of the claim does not exceed the small claims limit, as defined in section 5(1) of the
Small Claims Act 2016 on the date the claim is made– NTCAT; or(ii) otherwise – a Judge.
(2) The professional personal representative must pay or tender to a person summonsed under this section to appear before:
(a) NTCAT – the same amount as the person would be entitled to if the person had been summonsed as a witness to NTCAT; or
(b) a Judge – the same amount as the person would be entitled to if the person had been summonsed as a witness to the Court.
(3) If a claimant served with a summons under this section:
(a) fails to attend before NTCAT or the Judge at the time and place specified in the summons or at an adjournment of the hearing in respect of the summons; or
(b) refuses or fails to truly answer a question put to the claimant by or on behalf of the professional personal representative,
NTCAT or the Judge may direct that the professional personal representative may reject the claim.
(4) For proceedings under this section, NTCAT must be constituted by one or more of the following:
(a) the President of NTCAT;
(b) a Deputy President of NTCAT;
(c) an ordinary member appointed with reference to section 16(2)(a) of the
Northern Territory Civil and Administrative Tribunal Act 2014 .
104 Rejection of small claim (1) If in the administration of an estate by a professional personal representative:
(a) a person claims against the estate a sum of money not exceeding, or personal property with a value (as estimated by the professional personal representative) not exceeding, the prescribed amount or the professional personal representative has reason to believe a person may make such a claim; and
(b) the professional personal representative refuses to admit or intends to reject the claim,
the professional personal representative may serve on the person a notice requiring the person to commence legal proceedings within 3 months after the date of service to establish or enforce the claim and to prosecute the proceedings with all due diligence.
(2) If the person on whom a notice is served under this section fails to commence proceedings within 3 months after the date of service:
(a) the claim is barred and the person is not entitled to enforce the claim by proceedings in any court or tribunal; and
(b) the professional personal representative may administer and distribute the estate disregarding the claim.
(3) If no amount is prescribed by regulation for the purposes of subsection (1)(a), the prescribed amount is 1 500 monetary units.
(4) For proceedings under this section, NTCAT must be constituted by one or more of the following:
(a) the President of NTCAT;
(b) a Deputy President of NTCAT;
(c) an ordinary member appointed with reference to section 16(2)(a) of the
Northern Territory Civil and Administrative Tribunal Act 2014 .
105 Requirement for life tenant to give undertaking (1) If:
(a) a person is in occupation of or has the use or enjoyment of land as a legal or equitable tenant for life; and
(b) that land is the subject of an estate being administered by a professional personal representative,
the professional personal representative may require the person to give an undertaking, with the security that the professional personal representative may require, to keep the property in repair and to pay the rates and taxes, insurance premiums, assessments, rents, impositions and other outgoings that the person is legally required to pay.
(2) If a life tenant fails to comply with an undertaking given in pursuance of subsection (1), the professional personal representative may serve on the life tenant a notice requiring the life tenant to remedy the default or give up possession of the land within the time specified in the notice.
(3) The time specified in a notice served under subsection (2) is to be not less than one month after the date of service.
(4) If a life tenant fails to comply with a notice served under subsection (2), the legal or equitable life tenancy is terminated and the professional personal representative may claim possession of the property as if the life tenant were a trespasser.
(1) A professional personal representative who is administering the estate of a deceased person may serve on a person:
(a) who is in possession of any property of the deceased person;
(b) who was a debtor, creditor or partner of the deceased person;
(c) who was a joint venturer with the deceased person; or
(d) in whom the deceased person had invested by way of shares, stock or debenture,
a notice requesting the person to provide the professional personal representative with written information about any of the following matters:
(e) the deceased person’s relationship with the person;
(f) the deceased person’s interest in property of which the person is aware;
(g) the extent, nature and situation of any of the deceased person’s property, money, shares or debts of which the person is aware.
(2) A notice under this section is to state the period, of not less than 14 days after the date of service, within which the person to whom the notice is directed must provide the information requested.
(3) The person to whom a notice under this section is directed must provide the professional personal representative with the information requested within the period specified in the notice.
Maximum penalty: If the offender is a natural person –20 penalty units.
If the offender is a body corporate –100 penalty units.
In all cases where a person dies leaving property not exceeding the prescribed amount in value, application for representation may be made direct to the Registrar.
(1) The Registrar shall, upon being satisfied as to:
(a) the identity of the applicant; and
(b) the right of the applicant to administer the estate of the deceased person; and
(c) the value of the estate,
furnish him or her with all necessary information for the purpose of enabling him or her to fill up advertisements, affidavits and documents necessary for obtaining representation.
(2) The Registrar may:
(a) administer an oath to the applicant and every deponent; and
(b) attest the execution of the administration bond.
(3) The Registrar shall receive payment, in connection with the application, of all proper fees fixed by the Rules of Court.
(1) The Registrar shall, upon being satisfied:
(a) with the sufficiency of the evidence in support of the application;
(b) that the estate does not exceed the prescribed amount in value;
(c) that no caveat has been entered against the application; and
(d) that no will has been deposited with the Public Trustee,
cause probate or letters of administration (as the case may be) to be issued and delivered to the applicant on demand.
(2) Probate or administration under this section shall be issued in the name and under the seal of the Court.
In any case where the Registrar is not satisfied as to the matters mentioned in section 108, he or she shall state, to the applicant, the matters in respect of which he or she is not satisfied.
In no case shall the Registrar be under any obligation by reason of this Part to deal with any application which he or she may think proper to be dealt with by the Court, or to be placed in the hands of a legal practitioner.
(1) A professional personal representative need not apply for representation of the estate of a deceased person but may instead administer the estate under this section if:
(a) the professional personal representative estimates that the net value of the property in the Territory does not exceed the prescribed amount; and
(b) no application has been made for a grant of representation of the estate.
(2) A professional personal representative is entitled to administer an estate under this section only after the representative has given public notice of the representative’s intention to do so.
(3) The notice given under subsection (2) is to be by advertisement in a newspaper published in the Territory and is to contain the prescribed information.
(4) A professional personal representative who administers an estate under this section is:
(a) if the deceased person died testate – taken to be the executor of the will or the holder of letters of administration with the will annexed; or
(b) if the deceased person died intestate – taken to be the holder of letters of administration of the estate of that person,
as if a grant of representation had been made to the professional personal representative.
(5) If after giving notice under subsection (2) the professional personal representative discovers that the net value of the property in the Territory exceeds the amount referred to in subsection (1)(a) but the net value of the property in the Territory does not exceed the amount referred to in section 110B(1)(a), the representative:
(a) must file in the Court a memorandum stating the value of the property; and
(b) may continue to administer the estate under this section.
(6) If after giving notice under subsection (2) the professional personal representative discovers that the net value of the property in the Territory exceeds the amount referred to in section 110B(1)(a), the representative must:
(a) file in the Court a memorandum stating the value of the property; and
(b) apply for a grant of representation.
(7) If a professional personal representative who is administering or has administered an estate in pursuance of this section is in possession or comes into possession of a will of the deceased person, the representative must deposit it with the Registrar, unless exempted under the Rules.
(8) If no amount is prescribed by regulation for the purposes of subsection (1)(a), the prescribed amount is 30 000 monetary units.
(1) A professional personal representative need not apply for representation of the estate of a deceased person but may instead file in the Court an election to administer the estate if:
(a) the professional personal representative estimates that the net value of the property in the Territory at the time of filing the election does not exceed the prescribed amount; and
(b) no other person in the Territory has been granted representation of the estate.
(2) An election is to be in writing, setting out the following matters:
(a) the name, address, occupation and date of death of the deceased person;
(b) details of the property of the deceased person;
(c) whether the deceased person died testate or intestate;
(d) if the deceased person died testate – a statement that after making proper inquiries the professional personal representative believes that the document annexed to the election is the testator’s last will or an exemplification of the last will and that the will has been executed in accordance with the law governing the execution of that will.
(3) On the filing of an election, the professional personal representative is:
(a) if the deceased person died testate – taken to be the executor of the will or the holder of letters of administration with the will annexed; or
(b) if the deceased person died intestate – taken to be the holder of letters of administration of the estate of that person,
as if a grant of representation had been made to the professional personal representative.
(4) A professional personal representative who files an election must comply with any advertising requirements that are prescribed or that are specified in the
Supreme Court Rules 1987 .(5) If after filing an election the professional personal representative discovers that the net value of the property in the Territory exceeds the amount referred to in subsection (1)(a), he or she must:
(a) file in the Court a memorandum stating the value of the property; and
(b) apply for a grant of representation.
(6) If no amount is prescribed by regulation for the purposes of subsection (1)(a), the prescribed amount is 130 000 monetary units.
(1) A professional personal representative need not apply for letters of administration de bonis non but may instead file in the Court an election to administer the unadministered part of the estate of a deceased person if:
(a) representation of the estate has been granted in the Territory and the person last granted representation has, because of his or her death or other incapacity, left part of the estate unadministered;
(b) the professional personal representative estimates that the net value of the property in the Territory left unadministered at the time of filing the election does not exceed the prescribed amount; and
(c) no other person in the Territory has been granted letters of administration de bonis non since the death or incapacity of the last administrator.
(2) An election is to be in writing, setting out details of the following matters:
(a) the last grant of representation;
(b) the death or other incapacity of the last administrator;
(c) the property in the Territory left unadministered.
(3) On the filing of an election, the professional personal representative is taken to be the administrator of the part of the estate left unadministered as if he or she had been granted letters of administration de bonis non.
(4) If after filing an election the professional personal representative discovers that the value of the property to be administered exceeds the amount referred to in subsection (1)(b), he or she must:
(a) file in the Court a memorandum stating the value of the property; and
(b) apply for a grant of administration de bonis non.
(5) A statement in an election giving details of the death or other incapacity of the last administrator is, in the absence of evidence to the contrary, to be accepted by all courts, employees and persons, whether acting under an Act or not, as sufficient evidence of that fact without further proof.
(6) If no amount is prescribed by regulation for the purposes of subsection (1)(b), the prescribed amount is 130 000 monetary units.
(1) This section applies if a court of competent jurisdiction in a relevant country has, whether before or after the commencement of this Act, granted probate of a will, administration of an estate or an order to collect and administer an estate.
(2) The following persons may, after producing the probate, administration or order referred to in subsection (1) to the Registrar and depositing a copy of it with the Registrar, apply to the Court to have it sealed with the seal of the Court, and the Court may seal it accordingly:
(a) for probate of a will:
(i) the executor to whom the probate was granted; or
(ii) a person authorised by that executor, under a power of attorney, to make the application; or
(iii) the executor, by representation, of the will;
(b) for administration of an estate:
(i) the administrator to whom the administration was granted; or
(ii) the person authorised by that administrator, under a power of attorney, to make the application;
(c) for an order to collect and administer an estate – a Public Trustee in the relevant country to whom the order was granted.
(3) The Rules may exempt a person from producing the probate, administration or order to the Registrar or depositing a copy of it with the Registrar.
(4) If an application is made under subsection (2) the Registrar may seal the probate, administration or order in the name and under the seal of the Court and if the Registrar does so the probate, administration or order is taken to have been sealed by the Court.
(5) However, the Registrar must not seal the probate, administration or order without an order of the Court if:
(a) a caveat has been lodged; or
(b) it appears to the Registrar to be doubtful whether the probate, administration or order should be sealed.
(6) If a probate or administration is sealed under subsection (2) or (4):
(a) the probate or administration has the same force, effect and operation as if it had been originally granted by the Court; and
(b) the applicant under subsection (2) must perform the same duties and be subject to the same liabilities as if the probate or administration had been originally granted by the Court and the applicant was the person to whom the probate or administration had been granted.
(7) If an order to collect and administer an estate is sealed under subsection (2) or (4), the applicant has the same duties and is subject to the same liabilities as if the applicant was the Public Trustee under the
Public Trustee Act 1979 .(8) The Court, may, before or after a probate, administration or order to collect and administer an estate is sealed under subsection (2) or (4), require the applicant to give security for the proper administration of the estate to which it relates.
(9) In this section, a reference to an order to collect and administer an estate includes a reference to an exemplification of the order.
Any person may lodge with the Registrar a caveat against the sealing of any such probate or administration, and any such caveat shall have the same effect, and shall be dealt with in the same manner, as if it were a caveat against the granting of probate or administration.
(1) The seal of the Court shall not be fixed to any such probate or administration until all such succession duties and other duties and fees but not including estate duty have been paid as would have been payable if the probate or administration had been originally granted by the Court.
(2) The administration shall not be so sealed until such bond has been entered into as would have been required if the administration had been originally granted by the Court.
(3) The seal of the Court shall not be affixed to any such probate or administration except upon an affidavit that notices of the intention to apply in that behalf have been published, once in a newspaper printed and published in Darwin and once in a newspaper printed and published in Alice Springs at least 14 days before the making of the affidavit, and that no caveat has been lodged in respect thereof.
A reference in this Part to probate or administration shall be read as including a reference to:
(a) an order to a curator or other person to collect and administer an estate; and
(b) a confirmation of the executor or another person granted in a Sheriff Court in Scotland.
(1) The Court may, whether any proceeding is or is not pending in the Court with respect to any probate or administration, order any person to produce and bring into the office of the Registrar any paper or writing, being or purporting to be testamentary, or otherwise material to the matter before the Court, which is shown to be in the possession or under the control of that person.
(2) If it is not shown that any such paper or writing is in the possession or under the control of that person, but it appears that there are reasonable grounds for believing that he or she has the knowledge of any such paper or writing, the Court may direct him or her to attend for the purpose of being examined in open court or upon interrogatories respecting the paper or writing.
(3) Any such person directed so to attend shall be bound to answer such questions or interrogatories, and (if so ordered) to produce and bring in the paper or writing, and shall be subject to the like process of contempt in case of default in not attending or in not answering those questions or interrogatories, or not bringing in that paper or writing, as he or she would have been subject to in case he or she had been a party to a suit in the Court and had made that default.
(1) The Registrar shall cause entries to be made in a book to be kept for that purpose of:
(a) all grants of probate and administration; and
(b) all elections and orders to collect; and
(c) the filing, passing and allowance of the accounts required to be filed or to be filed and passed under section 89; and
(d) any special order extending the time for passing those accounts.
(2) The book referred to in subsection (1) shall set forth:
(a) the dates of the grants, elections and orders; and
(b) the names of the testators or intestates; and
(c) the place and time of death; and
(d) the names and description of the executors or administrators; and
(e) the value, verified on oath, of the estates; and
(f) the dates of the filing, passing and allowance of, and special orders with reference to, the accounts.
149 Proved wills and other documents to be held by Registrar Subject to the Rules, an original will that is brought into the Court, probate of which is granted under this Act or a copy of which is annexed to the administration granted under this Act and any other documents as the Court directs, may be deposited and preserved at the office of the Registrar and may be inspected there.
(1) A person may, on payment of the fee (if any) payable to the Registrar under this Act, obtain from the Registrar:
(a) a certificate or exemplification of a grant of probate or administration; or
(b) a copy of:
(i) the whole or a part of a will; or
(ii) such other document as the Court approves.
(2) Notwithstanding subsection (1), the Registrar shall, at the request of a person who is a party to a matter under this Act, furnish to that person, free of charge, one office copy of a will or other document to which the matter relates.
Where a person suffers damage as a result of the stealing of a will or a part of a will, or as a result of the fraudulent destroying, cancelling, obliterating or concealing of a will or a part of a will, the person may recover damages in respect of the damage by action in a court of competent jurisdiction from the person who stole, destroyed, cancelled, obliterated or concealed the will or part, as the case may be.
The Administrator may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for prescribing:
(a) the proportion of an estate to which a spouse or de facto partner is entitled;
(b) the value of an intestate estate for the purpose of determining its distribution in accordance with Schedule 6;
(c) the proportions payable to persons other than the spouse or de facto partner of an intestate who are entitled to share in the intestate estate; and
(d) the fees payable in respect of any matter under this Act.
If, on or after 1 July 2002 but before the day on which the Administrator’s assent to the
(a) the validity of the notice is not affected because of the amendment effected by section 4 of that Act; and
(b) section 104 is taken to apply, and always to have applied, in relation to the claim as if that amendment had not been effected.
(1) Section 103, as amended by the
Justice and Other Legislation Amendment Act 2021 , applies only in relation to a claim made after the commencement of section 4 of that Act (thecommencement ).(2) Section 103, as in force immediately before the commencement, continues to apply in relation to a claim made before the commencement.
section 57
1. Assets undisposed of by will, subject to the retention out of those assets of a fund sufficient to meet any pecuniary legacies.
2. Assets not specifically disposed of by will but included (either by a specific or general description) in a residuary gift, subject to the retention out of those assets of a fund sufficient to meet any pecuniary legacies which are not provided for out of the assets undisposed of by will.
3. Assets specifically appropriated or disposed of by will (either by a specific or general description) for the payment of debts.
4. Assets charged with, or disposed of by will (either by a specific or general description) subject to a charge for, the payment of debts.
5. The fund, if any, retained to meet pecuniary legacies.
6. Assets specifically disposed of by will, rateably according to value.
1. The funeral, testamentary and administration expenses have priority.
2. Subject to the last preceding rule, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors and as to the valuation of annuities and future and contingent liabilities, respectively, and as to the priorities of debts and liabilities as are in force at the death of the deceased person under the law of bankruptcy with respect to the assets of persons adjudged bankrupt.
3. In the application of those rules, the date of the death of the deceased person shall be substituted for the date of the sequestration order.
section 66
Item | Circumstances | Manner in which the intestate estate of the intestate is to be distributed |
1. | Where the intestate is not survived by:
| The spouse is entitled to the whole of the intestate estate. |
2. | Where the intestate is survived by issue. | 1. The spouse is entitled:
2. The issue of the intestate are entitled to the balance (if any) of the intestate estate after payment to the spouse of the sum or sums to which the spouse is entitled under paragraph 1. |
3. | Where the intestate is not survived by issue but is survived by a parent, brother or sister or the issue of a brother or sister. | 1. the spouse is entitled:
2. If the intestate is survived by one or both of his or her parents (whether or not the intestate is also survived by a brother or sister or the issue of a brother or sister), the surviving parent is entitled, or the parents are entitled in equal shares, as the case may be, to the balance (if any) of the intestate estate after payment to the spouse of the sum or sums to which the spouse is entitled under paragraph 1. 3. If the intestate is not survived by a parent, the brothers and sisters of the intestate who survived the intestate, and the issue who survive the intestate of a brother or sister of the intestate who died before the intestate, are entitled to the balance (if any) of the intestate estate, after payment to the spouse of the sum or sums to which the spouse is entitled under paragraph 1 of this item in the shares in which he, she or they would have been entitled to the intestate estate if the intestate had not been survived by his or her spouse. |
Where the intestate is survived by a de facto partner, but not by a spouse:
(a) if the intestate is not survived by issue, item 1 or (as the case requires) 3 in Part I shall apply as if references to the spouse of the intestate were references to the de facto partner; and
(b) if the intestate is survived by issue, item 2 in Part I shall apply similarly where:
(i) the issue are, or include, issue of the intestate and the de facto partner; or
(ii) the de facto partner was the de facto partner of the intestate for a continuous period of not less than 2 years immediately preceding the intestate’s death,
but in any other case the issue shall be entitled to the whole of the intestate estate.
1. Where the intestate is survived by both a spouse and a de facto partner, and:
(a) the de facto partner was the de facto partner of the intestate for a continuous period of not less than 2 years immediately preceding the intestate’s death, and the intestate did not at any time during that period live with the person to whom he or she was married; or
(b) the intestate is also survived by issue of the intestate and the de facto partner,
items 1 to 3 (inclusive) in Part I shall apply as if references to the spouse of the intestate were references to the de facto partner.
2. Where the intestate is survived by both a spouse and a de facto partner and clause 1 does not apply, the intestate shall be treated as having been survived by the spouse and not by the de facto partner, and Part I shall have effect accordingly.
Item | Circumstances | Manner in which the intestate estate of the intestate is to be distributed |
1. | Where the intestate is survived by issue. | The issue are entitled to the whole of the intestate estate. |
2. | Where the intestate is not survived by issue but is survived by a parent or both parents. | The parent is entitled to the whole of the intestate estate or, if both parents survive the intestate, the parents are entitled to the whole of the intestate estate in equal shares. |
3. | Where the intestate is not survived by issue or by a parent but is survived by next of kin. | The next of kin are entitled to the intestate estate in accordance with section 69. |
4. | Where the intestate is not survived by issue, by a parent or by next of kin. | The intestate estate shall be deemed to be bona vacantia and the Territory is entitled to it. |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 17 October 1969 | |
Commenced | 8 February 1971 ( | |
Assent date | 11 December 1973 | |
Commenced | 11 December 1973 (s 12(2)) | |
Assent date | 26 August 1974 | |
Commenced | 11 December 1973 (s 3(2)) | |
Assent date | 24 October 1974 | |
Commenced | 11 December 1973 (s 3) | |
Assent date | 28 June 1976 | |
Commenced | ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974 | |
Assent date | 19 August 1974 | |
Commenced | 19 August 1974 | |
Assent date | 23 September 1974 | |
Commenced | 1 November 1974 ( | |
Assent date | 9 December 1977 | |
Commenced | 1 January 1978 (s 2) | |
Assent date | 1 July 1978 | |
Commenced | 1 July 1978 (s 2) | |
Assent date | 26 January 1979 | |
Commenced | 21 September 1979 ( | |
Assent date | 27 April 1979 | |
Commenced | 3 December 1979 ( | |
Assent date | 10 August 1979 | |
Commenced | 3 December 1979 (s 2, s 2 | |
Assent date | 9 January 1981 | |
Commenced | 9 January 1981 | |
Assent date | 25 March 1981 | |
Commenced | 25 March 1981 | |
Assent date | 21 September 1981 | |
Commenced | 21 September 1981 | |
Assent date | 24 June 1983 | |
Commenced | 28 October 1983 ( | |
Assent date | 1 April 1985 | |
Commenced | 1 May 1985 ( | |
Assent date | 15 June 1988 | |
Commenced | 15 June 1988 | |
Assent date | 2 October 1989 | |
Commenced | 2 October 1989 | |
Assent date | 2 October 1989 | |
Commenced | 2 October 1989 | |
Assent date | 11 June 1990 | |
Commenced | 11 June 1990 | |
Assent date | 25 June 1991 | |
Commenced | 1 October 1991 ( | |
Assent date | 16 December 1991 | |
Commenced | 16 December 1991 | |
Assent date | 24 December 1991 | |
Commenced | 1 January 1992 (s 2) | |
Assent date | 24 June 1993 | |
Commenced | 24 June 1993 | |
Assent date | 30 March 1998 | |
Commenced | 30 March 1998 | |
Assent date | 11 December 1998 | |
Commenced | s 3: 1 April 1999 ( | |
Assent date | 25 March 1999 | |
Commenced | 1 February 2000 (s 2, s 2 | |
Assent date | 6 June 2000 | |
Commenced | s 6: 4 December 1999; rem: 12 July 2000 (s 2 and | |
Assent date | 12 September 2000 | |
Commenced | 1 December 2000 (s 2, s 2 | |
Assent date | 28 June 2001 | |
Commenced | 1 March 2002 (s 2, s 2 | |
Assent date | 28 March 2002 | |
Commenced | 1 July 2002 ( | |
Assent date | 7 November 2002 | |
Commenced | 7 November 2002 | |
Assent date | 7 January 2004 | |
Commenced | 17 March 2004 ( | |
Assent date | 6 May 2005 | |
Commenced | ss 3 and 4: 1 July 2002; s 5: 6 May 2005 (s 2(1) and (2)) | |
Assent date | 17 May 2007 | |
Commenced | s 10: 1 July 2007 ( | |
Assent date | 26 May 2009 | |
Commenced | pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C): 1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2, | |
Assent date | 20 May 2010 | |
Commenced | 1 July 2010 ( | |
Assent date | 18 November 2010 | |
Commenced | 1 March 2011 (s 2, s 2 | |
Assent date | 21 November 2012 | |
Commenced | 1 January 2013 ( | |
Assent date | 13 November 2014 | |
Commenced | 13 November 2014 | |
Assent date | 7 June 2016 | |
Commenced | 28 July 2016 (s 2, s 2 | |
Assent date | 23 May 2018 | |
Commenced | 20 June 2018 ( | |
Assent date | 9 March 2020 | |
Commenced | 10 March 2020 (s 2) | |
Assent date | 13 April 2021 | |
Commenced | 14 April 2021 (s 2) | |
Assent date | 14 April 2022 | |
Commenced | pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022) | |
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 6
s 8
s 12
s 6
s 10 and sch
s 64
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
5 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
6 LIST OF AMENDMENTS
lt amd No. 6, 1981, s. 4
ss 1 – 2 amd No. 6, 1981, s 4
s 3 amd No. 22, 1974, s 3; No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2
rep No. 77, 1991, s 13
s 4 rep No. 38, 1979, s 4
s 5 rep No. 22, 1974, s 4
s 6 amd No. 38, 1979, s 5; No. 90, 1979, s 4; No. 6, 1981, ss 2 and 4; No. 29, 1981, s 2; No. 91, 1981, s 2; No. 55, 1989, ss 3 and 14; No. 60, 1989, s 6; No. 77, 1991, s 13; No. 83, 1991, s 4; No. 92, 1998, s 3; No. 11, 1999, s 4; No. 2, 2002, s 4; No. 1, 2004, s 62; No. 7, 2007 s 16; No. 13, 2016, s 35
s 7 rep No. 51, 1977, s 3
s 8 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 6, 1981, s 4; No. 55, 1989, s 4
rep No. 77, 1991, s 13
ss 9 – 10 amd No. 6, 1981, s 4
rep No. 77, 1991, s 13
s 11 amd No. 54, 1978, s 4
rep No. 90, 1979, s 5
s 12 rep No. 90, 1979, s 5
s 13 amd No. 54, 1978, s 4
rep No. 90, 1979, s 5
s 16 amd No. 29, 1981, s 2; No. 2, 2002, s 9
s 18 amd No. 55, 1989, s 5
s 20 amd No. 2, 2002, s 9
s 21 amd No. 6, 1981, s 4
s 22 amd No. 37, 1974, s 10; No. 55, 1989, s 14; No. 83, 1991, s 5; No. 2, 2002, s 9
s 23 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 90, 1979, s 6
sub No. 55, 1989, s 6
s 24 rep No. 55, 1989, s 6
s 25 amd No. 90, 1979, s 7
rep No. 55, 1989, s 6
s 26 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 55, 1989, s 14; No. 2, 2002, s 9
s 28 amd No. 2, 2002, s 9
s 30 amd No. 37, 1974, s 10; No. 2, 2002, s 9
s 31 amd No. 55, 1989, s 14; No. 83, 1991, s 11
ss 32 – 33 amd No. 2, 2002, s 9
s 34 amd No. 37, 1974, s 10; No. 55, 1989, s 7; No. 2, 2002, s 9
s 35 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 36 amd No. 2, 2002, s 9
s 37 amd No. 55, 1989, s 14
ss 38 – 39 amd No. 2, 2002, s 9
s 40 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 41 amd No. 55, 1989, ss 8 and 14; No. 2, 2002, s 9
s 42 amd No. 2, 2002, s 9
s 43 amd No. 6, 1981, s 4; No. 45, 2000, s 11; No. 2, 2002, s 9
pt III
div 2 hdg sub No. 55, 1989, s 9
s 44 amd No. 22, 1974, s 5
sub No. 55, 1989, s 9
ss 45 – 48 rep No. 55, 1989, s 9
s 49 rep No. 55, 1989, s 9
ins No. 2, 2002, s 5
s 50 amd No. 90, 1979, s 8
rep No. 55, 1989, s 9
ins No. 2, 2002, s 5
s 51 amd No. 90, 1979, s 9; No. 6, 1981, s 4
sub No. 2, 2002, s 5
ss 52 – 54 amd No. 2, 2002, s 9
s 55 amd No. 29, 1981, s 2; No. 2, 2002, s 9
s 56 amd No. 6, 1981, s 4; No. 2, 2002, s 9
s 57 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2; No. 2, 2002, s 9
s 59 amd No. 2, 2002, s 9
s 60 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 60A ins No. 23, 2012, s 30
s 61 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 62 amd No. 38, 1979, s 6; No. 2, 2002, s 9
s 63 amd No. 37, 1974, s 10; No. 2, 2002, s 9; No. 38, 2014, s 2
s 64 amd No. 83, 1991, s 11; No. 2, 2002, s 9
s 66 amd No. 29, 1981, s 2; No. 91, 1981, s 2; No. 83, 1991, s 11; No. 2, 2002, s 9
s 67 amd No. 38, 1979, s 7
sub No. 83, 1991, s 6
amd No. 2, 2002, s 9
s 67A ins No. 38, 1979, s 8
s 68 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 2, 2002, s 9; No. 6, 2022, s 18
s 69 amd No. 6, 1981, s 4; No. 2, 2002, s 9
s 70 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2; No. 83, 1991, s 7; No. 2, 2002, s 9
pt III
div 4A hdg ins No. 38, 1979, s 9
s 71 rep No. 16, 1979, s 19
ins No. 38, 1979, s 9
s 71A ins No. 38, 1979, s 9
s 71B ins No. 38, 1979, s 9
amd No. 90, 1979, s 10; No. 2, 2002, s 9
s 71C ins No. 38, 1979, s 9
amd No. 11, 1998, s 2
ss 71D – 71E ins No. 38, 1979, s 9
s 71F ins No. 38, 1979, s 9
amd No. 2, 2002, s 9
pt III
div 5 hdg amd No. 83, 1991, s 11
s 72 amd No. 38, 1979, s 10; No. 55, 1989, s 10; No. 15, 2001, s 3; No. 14, 2009, s 116; No. 10, 2018, s 6
s 73 amd No. 55, 1989, s 14; No. 83, 1991, s 8; No. 2, 2002, s 9
ss 74 – 75 amd No. 55, 1989, s 14
ss 76 – 77 amd No. 55, 1989, s 14; No. 83, 1991, s 11
s 78 amd No. 55, 1989, s 14; No. 83, 1991, s 11; No. 2, 2002, s 9
s 79 amd No. 37, 1974, s 10; No. 55, 1989, s 14; No. 83, 1991, s 9; No. 2, 2002, s 9
s 80 amd No. 6, 1981, s 4; No. 83, 1991, s 11; No. 2, 2002, s 9
s 81 amd No. 6, 1981, s 4; No. 2, 2002, s 9; No. 59, 2002, s 5
s 83 amd No. 6, 1981, s 4
s 84 amd No. 6, 1981, s 4; No. 55, 1989, s 14; No. 33, 1991, s 7; No. 45, 2000, s 11; No. 2, 2002, s 9
s 85 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 86 rep No. 55, 1989, s 14
s 87 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 2, 2002, s 9
s 88 amd No. 55, 1989, ss 11 and 14
s 89 amd No. 9, 1985, s 4; No. 55, 1989, s 14
sub No. 22, 1993, s 2
s 89A ins No. 9, 1985, s 5
amd No. 55, 1989, s 12
rep No. 22, 1993, s 2
s 91 amd No. 55, 1989, s 13; No. 2, 2002, s 9
s 93 amd No. 55, 1989, s 14
s 94 amd No. 2, 2002, s 9
s 95 amd No. 6, 1981, s 4
s 96 amd No. 38, 1979, s 11; No. 2, 2002, s 9
s 97 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 98 amd No. 2, 2002, s 9
s 99 amd No. 29, 1981, s 2
s 100 rep No. 55, 1989, s 14
s 101 amd No. 22, 1974, s 6; No. 6, 1981, s 4; No. 55, 1989, s 14; No. 77, 1991, s 13; No. 92, 1998, s 3; No. 2, 2002, s 9
pt III
div 7 hdg sub No. 33, 1990, s 2
s 102 rep No. 55, 1989, s 14
ins No. 33, 1990, s 2
amd No. 2, 2002, s 9
pt III
div 8 hdg ins No. 2, 2002, s 6
s 103 amd No. 6, 1981, s 4; No. 29, 1981, s 2
rep No. 55, 1989, s 14
ins No. 2, 2002, s 6
amd No. 7, 2021, s 4
s 104 rep No. 33, 1990, s 2
ins No. 2, 2002, s 6
amd No. 20, 2005, s 4; No. 7, 2021, s 5; No. 6, 2022, s 18
s 105 rep No. 33, 1990, s 2
ins No. 2, 2002, s 6
s 105A ins No. 2, 2002, s 6
amd No. 12, 2010, s 3
pt IV
div 1 hdg ins No. 2, 2002, s 7
s 106 amd No. 38, 1979, s 12; No. 17, 1988, s 2; No. 92, 1998, s 3
s 107 amd No. 2, 2002, s 9; No. 40, 2010, s 118
s 108 amd No. 6, 1981, s 4; No. 17, 1988, s 3; No. 55, 1989, s 14; No. 92, 1998, s 3
s 109 amd No. 2, 2002, s 9
s 110 amd No. 2, 2002, s 9; No. 7, 2007, s 16
pt IV
div 2 hdg ins No. 2, 2002, s 8
s 110A ins No. 2, 2002, s 8
amd No. 1, 2020, s 4; No. 6, 2022, s 18
ss 110B –
110C ins No. 2, 2002, s 8
amd No. 6, 2022, s 18
s 110D ins No. 2, 2002, s 8
rep No. 7, 2021, s 6
s 111 amd No. 6, 1981, s 4; No. 11, 1998, s 2; No. 92, 1998, s 3; No. 2, 2002, s 9
sub No. 1, 2020, s 5
pt VI hdg rep No. 90, 1979, s 11
s 115 amd No. 54, 1978, s 4
rep No. 90, 1979, s 11
ss 116 – 117 rep No. 90, 1979, s 11
ss 118 – 120 amd No. 54, 1978, s 4
rep No. 90, 1979, s 11
ss 121 – 127 rep No. 90, 1979, s 11
s 128 amd No. 54, 1978, s 4
rep No. 90, 1979, s 11
ss 129 – 142 rep No. 90, 1979, s 11
ss 143 – 145 amd No. 54, 1978, s 4
rep No. 90, 1979, s 11
s 146 rep No. 55, 1989, s 14
s 147 amd No. 55, 1989, s 14; No. 2, 2002, s 9
s 148 amd No. 22, 1993, s 3; No. 40, 2010, s 118
s 149 amd No. 29, 1981, s 2; No. 55, 1989, s 14
sub No. 1, 2020, s 6
s 150 amd No. 22, 1974, s 7; No. 6, 1981, s 4; No. 29, 1981, s 2; No. 55, 1989, s 14
s 151 amd No. 6, 1981, s 4
rep No. 55, 1989, s 14
s 152A ins No. 24, 1983, s 4
amd No. 83, 1991, s 11
pt IX hdg rep No. 24, 1984, s 5
ins No. 20, 2005, s 5
s 153 amd No. 6, 1981, s 4; No. 29, 1981, s 2; No. 91, 1981, s 2
rep No. 24, 1984, s 5
ins No. 20, 2005, s 5
pt X hdg ins No. 7, 2021, s 7
s 154 ins No. 7, 2021, s 7
sch 1 – 2 amd No. 29, 1981, s 2
rep No. 77, 1991, s 13
sch 3 sub No. 22, 1974, s 8
amd No. 29, 1981, s 2
rep No. 24, 1983, s 6
sch 4 amd No. 29, 1981, s 2; No. 19, 2000, s 9
sch 5 amd No. 29, 1981, s 2
rep No. 92, 1998, s 3
sch 6 amd No. 54, 1978, s 4; No. 29, 1981, s 2; No. 24, 1983, s 7; No. 83, 1991, s 10; No. 2, 2002, s 9; No. 38, 2014, s 2
0
0
0