Administration and Probate (Amendment) Act 1976 (ACT)

No. 53 of 1976

AN ORDINANCE

To amend the Administration and Probate Ordinance 1929.

I, T H E G O V E R N O R - G E N E R A L of the Commonwea l th of Austra l ia , act ing with the advice of the Federal Execut ive Counci l , hereby m a k e the following Ord inance under the Seat of Government (Administra­ tion) Act 1910 .

Da ted this twenty-first day of October , 1976.

J O H N R. K E R R Governor -Genera l .

By His Excellency's C o m m a n d ,

R. E L L I C O T T

At torney-Genera l .

A D M I N I S T R A T I O N A N D P R O B A T E ( A M E N D M E N T )

O R D I N A N C E 1976

1: This Ord inance may be cited as the Administration and Probate

(Amendment) Ordinance 1976 .*

2 . This Ord inance shall come into opera t ion on 1 November 1976 .

3 . Section 4 of the Administration and Probate Ordinance 1 9 2 9 t

is repealed.

4 . Section 71 of the Administration and Probate Ordinance 1929

is amended by omit t ing sub-sections ( 1 )	and ( I A ) and substi tut ing
the following	sub-sec t ions :—

" ( l ) Subject to this section, where the gross value of an estate

does no t exceed $ 2 0 , 0 0 0 , the costs to be allowed out of the estate to

* N o t i f i e d in the Australian Government Gazette o n 27 O c t o b e r 1976 .

t O r d i n a n c e N o . 18. 1929 a s a m e n d e d b y N o . 11, 1 9 3 0 ; N o . 13, 1 9 3 2 ; N o . 9 , 1 9 3 3 ; N o s . 2 a n d 6, 1 9 3 4 ;

N o s . 3 , 13 a n d 2 7 , 1 9 3 7 : N o . 35. 1 9 3 8 ; N o . 7. 1 9 4 3 ; N o . 15, 1 9 4 7 ; N o . 16. 1 9 5 0 ; N o . 5, 1 9 5 3 ; N o . 2 , 1 9 5 4 ;

N o . 6, 1 9 6 0 ; N o . 2 0 , 1 9 6 5 ; N o . 9 , 1 9 6 7 ; N o . 16, 1 9 6 9 ; N o . 2 5 , 1 9 7 0 ; a n d N o s . 2 7 , 4 3 a n d 4 7 , 1 9 7 4 .

a solicitor for professional services rendered in connexion with the obtaining of a grant of probate or administration shall, where no contention has arisen, be in accordance with the following scale:—

Where the gross value of the estate is— The costs shall be—

$

Not more than $1,000 . . . . 60.00

More than $1,000 but not more than $2,000	. .	. .	. .	. .	80.00
More than $2,000 but not more than $4,000	. .	100.00
More than $4,000 but not more than $6,000	. .	. .	. .	. .	120.00
More than $6,000 but not more than $8,000	. .	. .	. .	. .	140.00
More than $8,000 but not more than $10,000	. .	. .	. .	160.00
More than $10,000 but not more than $12,000	. .	. .	. .	180.00
More than $12,000 but not more than $14,000	. .	. .	. .	200.00
More than $14,000 but not more than $16,000	. .	. .	. .	. .	220.00
More than $16,000 but not more than $18,000	. .	. .	. .	240.00
More than $18,000 but not more than $20,000	. .	. .	. .	260.00

" ( 1 A ) Subject to this section, where the gross value of the estate exceeds $20,000, the costs to be allowed out of the estate to a solicitor for professional services rendered in connexion with the obtaining of a grant of probate or administration are—

(a) $260 plus an additional $10 for each complete $2,000 by which the gross value of the estate exceeds $20,000; or

(b) $2,000,

whichever is the less.".

5. (1) Section 71 of the Administration and Probate Ordinance

1929, as amended by this Ordinance, applies to, and in relation to, professional services rendered in connexion with the obtaining of a grant of probate or administration where the application for the grant was made on or after 1 November 1976.

(2) Section 71 of the Administration and Probate Ordinance

1929, as in force immediately before 1 November 1976, continues to apply to, and in relation to, professional services rendered in connexion

with the obtaining of a grant of probate or administration where the

application for the grant was made before 1 November 1976.