Administration And Probate Regulations 1983 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

ADMINISTRATION AND PROBATE REGULATIONS 1983

As in force at 1 July 2022

Table of provisions northern territory of australia

northern territory of australia

As in force at 1 July 2022

ADMINISTRATION AND PROBATE regulations 1983

Regulations under the Administration and Probate Act 1969

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Administration and Probate Regulations 1983.

1AApplication

The estate of a deceased person is to be administered in accordance with these Regulations as in force at the date of the death of the person.

Part 2General matters 2Fees

The Fees payable in respect of any matter under the Act are as specified in Schedule 1.

2AARelevant countries

For the purposes of the definition of relevant country in section 6 of the Act, the countries and parts of countries specified in Schedule 2 are prescribed.

2ABSmall claim

For section 104(1)(a) of the Act, the prescribed amount in relation to a claim is 250 000 monetary units.

2APrescribed amounts for small estates
  • (1)

    For section 106 of the Act, the prescribed amount is 20 000 monetary units.

  • (2)

    For section 108(1)(b) of the Act, the prescribed amount is 20 000 monetary units.

2BNotice of intention to administer estate (prescribed information) – section 110A(3)

For the purposes of section 110A(3) of the Act, a notice given under section 110A(2) of the Act is to contain the following information:

  • (a)

    the name and address of the professional personal representative who intends to administer the estate;

  • (b)

    the name, address and occupation of the deceased person;

  • (c)

    a statement to the effect that the deceased died leaving a will or died without leaving a will (as the case may be);

  • (d)

    a statement to the effect that the professional personal representative intends to administer the estate under section 110A of the Act;

  • (e)

    a statement to the effect that all persons having claims against the estate are requested to submit their claims in writing to the professional personal representative within 2 months after the date on which the notice is published, after which date the professional personal representative will distribute the estate having regard to the claims of which notice has been given.

3Prescribed amounts and sums for distribution on intestacy
  • (1)

    For Schedule 6, Part I, item 2 to the Act:

    • (a)

      the prescribed amount under paragraph 1(a) and (b) is 370 000 monetary units; and

    • (b)

      the prescribed sum under paragraph 1(b) is 370 000 monetary units.

  • (2)

    For Schedule 6, Part I, item 3 to the Act:

    • (a)

      the prescribed amount under paragraph 1(a) and (b) is 530 000 monetary units; and

    • (b)

      the prescribed sum under paragraph 1(b) is 530 000 monetary units.

    Part 3Transitional matters for Administration and Probate Amendment Regulations 2017    
4Application of regulation 2C
  • (1)

    Regulation 2C, as amended by the amending Regulations, applies only in relation to the administration of an estate that commences after the commencement.

  • (2)

    Regulation 2C, as in force immediately before the commencement, continues to apply in relation to the administration of an estate that commenced before the commencement.

  • (3)

    In this regulation:

    amending Regulations means the Administration and Probate Amendment Regulations 2017.

    commencement means the commencement of the amending Regulations.

Part 4Transitional matters for Justice and Other Legislation Amendment Act 2021 5Application of regulation 2AB

Regulation 2AB applies only in relation to a claim made after the commencement of that regulation.

 
Schedule 1Fees

section 152A(d)

regulation 2

Revenue units

1.

For a certified office copy, reproduced by photographic process, of a will or other document........................……………………..and in addition, for each page………………..

5 1

2.

For an office copy, reproduced by photographic process, of a will or other document, for each page.................

1

Schedule 2Relevant countries or parts of countries

regulation 2AA

Antigua and Barbuda

Mozambique

Bahamas, The

Namibia

Bangladesh

Nauru

Barbados

New Zealand

Belize

Nigeria

Botswana

Pakistan

Brunei Darussalam

Papua New Guinea

Canada

St Kitts and Nevis

Cyprus

St Lucia

Dominica

St Vincent

Fiji

Seychelles

Gambia, The

Sierra Leone

Ghana

Singapore

Grenada

Solomon Islands

Guyana

South Africa

Hong Kong Special Administrative   Region

Sri Lanka

India

Swaziland

Ireland

Tanzania

Jamaica

Tonga

Kenya

Trinidad and Tobago

Kiribati

Tuvalu

Lesotho

Uganda

Malawi

United Kingdom (including The Channel Islands)

Malaysia

Vanuatu

Maldives

Western Samoa

Malta

Zambia

Mauritius

Zimbabwe

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Administration and Probate Regulations (SL No. 35, 1983)

Notified

28 October 1983

Commenced

28 October 1983

Amendments of Administration and Probate Regulations (SL No. 48, 1998)

Notified

11 November 1998

Commenced

1 December 1998 (r 1)

Amendments of Administration and Probate Regulations (SL No. 8, 1999)

Notified

1 April 1999

Commenced

1 April 1999

Amendment of Administration and Probate Regulations (SL No. 29, 2002)

Notified

30 August 2002

Commenced

30 August 2002

Administration and Probate Amendment Regulations 2016 (SL No. 29, 2016)

Notified

1 July 2016

Commenced

1 July 2016

Administration and Probate Amendment Regulations 2017 (SL No. 10, 2017)

Notified

24 May 2017

Commenced

24 May 2017

Justice and Other Legislation Amendment Act 2021 (Act No. 7, 2021)

Assent date

13 April 2021

Commenced

14 April 2021 (s 2)

Justice Legislation Amendment Regulations 2021 (SL No. 18, 2021)

Notified

3 November 2021

Commenced

3 November 2021

Justice and Licensing Legislation Amendment Act 2022 (Act No. 6, 2022)

Assent date

14 April 2022

Commenced

pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022)

  • 3

    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 Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2C.

  • 4

    LIST OF AMENDMENTS

pt 1 hdg             om No. 29, 2016, r 3

ins No. 10, 2017, r 3

r 1A                   ins No. 48, 1998, r 3

pt 2 hdg             ins No. 10, 2017, r 4

r 2                     amd No. 8, 1999, r 3

r 2AA                 ins No. 8, 1999, r 4

r 2AB ins Act No. 7, 2021, s 9

amd Act No. 6, 2022, s 18

r 2A                   ins No. 48, 1998, r 4

sub No. 29, 2016, r 4

amd Act No. 6, 2022, s 18

r 2B                   ins No. 29, 2002

r 2C                   ins No. 29, 2002

sub No. 10, 2017, r 5

rep Act No. 7, 2021, s 10

r 3                     amd No. 48, 1998, r 5

sub No. 29, 2016, r 5

amd Act No. 6, 2022, s 18

pt 3 hdg             ins No. 10, 2017, r 6

r 4                     ins No. 10, 2017, r 6

pt 4 hdg ins Act No. 7, 2021, s 11

r 5 ins Act No. 7, 2021, s 11

sch 1 hdg          amd No. 8, 1999, r 5

sch 1                 amd No. 18, 2021, r 5

sch 2                 ins No. 8, 1999, r 6

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