Deceased Persons' Estate Act 1883 (WA)

tacztern attotratta.

ANNO QUADRAGESIMO SEPTIMO

VICTORIA: REGINA:.

********n *

No. XX.

AN ACT for the protection and better Ad- ministration of the Estates of Deceased Persons in certain cases.

[ Assented to, 8th September, 1883. ]

H E RTEh eA .ib ily )1 èìnTe "The Su- Li Supreme 1C8o8uor t,” Ordinance; - th eS

upreme

power to grant Probates of Wills and Letters of Administration of the Estates of Persons who shall die and leave effects in Western Australia; And whereas it is expedient that provision shall be made for the further care and management of such estates in certain eases as herein provided: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and. with the advice and consent of the Legislative Council thereof, as follows :—

1.     IN addition to the Officers of the Supreme Court mentioned Ti curator of In-

In the 15th Section of " The Supreme Court Ordinance, 1861," there tesIteates' Estates.

shall be an Officer styled "The Curator of Intestates' Estates," herein-

after called " The Curator."

ON the decease of any person who shall die or who shall have died leaving real or personal estate in Western Australia,

2.

47° NIMBLE, No. 20.

Estates of Deceased Persons:

Unprotected estate of	which shall appear to the Supreme Court to be unprotected or
deceased person to	exposed and liable to waste, it shall be lawful for the said Court to
vest in Curator till
probate of will or	order that such estate shall vest and be deemed to have vested in
letters of administra-	" The Curator " until probate of the will or letters of administration
tion or entry.	of the estate of such person shall be granted by the Supreme Court, or in the case of real estate until entry thereon by the heir or devisee or other person lawfully claiming under, through, or in trust for him.

Powers of Curator 3. UNTIL such grant or entry shall be made, " The Curator

till grant of probate	shall have all the rights and privileges, powers and authorities
or letters of admin-
istration or entry.	of a duly constituted personal representative, or of a devisee or
For preventing	trustee of the estate of such deceased person, for the purpose only
waste, spoil, or in-	of collection and of preventing waste, spoil, detriment, or injury to
jury to the estate.	his' or her real or personal estate; subject always to such further or other order as the said Court may think fit to make with reference to such estate or to any part thereof.

Proof of intestacy. 4. THE absence of probate of the will of a deceased person for

six years, or the absence of any person from Western Australia for

six years, there being no person in Western Australia claiming any estate, right, title, or interest through, under, or in trust for, or as the duly constituted agent of such person during that time, shall be deemed to constitute an intestacy for all the purposes of this Act.

IN every case the Court may direct that the Curator shall receive out of the estate of a deceased person such reasonable remuneration for what he shall do or cause to be done under this Act as the Court shall think fit, not exceeding Five pounds per

Remuneration of the 5.

Curator.

centum on the full estimated or ascertained value of the personal

estate and One pound per centum on the value of the real estate.

6.     THE estate and interest of the Curator in the estate of a

Cessor of Curat n's

deceased person shall, subject to any order of the Supreme Court as

estate.

aforesaid, cease and be deemed to have ceased on probate of the

will or letters of administration of the estate of such person being

or having been granted by the Supreme Court, or on such lawful entry as aforesaid ; and in all future cases on such probate or letters

Curator to pass his

being granted or such entry made as aforesaid the Curator shall pass

accounts.

his accounts in such manner as the Court shall direct, and shall hand over to the executor or administrator or to such other person as the

Court may by order direct, or retain under such order, so much of

the real and personal estate as shall then be in his possession or

power.

7.      AT the expiration of six calendar months from the death of

Application for order

to administer the	such deceased person, the Curator may, from time to time, and until
estate.	probate of the will or letters of administration of such estate shall

47° VICTOR1X, No. 20.

Estates of Deceased Persons.

be granted by the Supreme Court, apply to the Court for an

order authorising him to administer the estate of such deceased

person. And such order when made shall give to the Curator all	Effect of such order.
tile rights, privileges, powers and authorities, and shall place him under all the duties and liabilities, of a personal representative or devisee in trust of such deceased person, and of a trustee in bank- ruptcy.

9. NOTWITHSTANDING such period may not have elapsed, Notwithstanding

any person interested in an estate of such deceased person, or the	such period shall
Attorney General on the part of the Crown, may apply or cause the	not have elapsed,persons interested in
Curator to apply to the Court for such order as last aforesaid; and it	the estate, or the Attorney General on
shall be in the discretion of the Court to make such order. And in	the part of the
case such order shall be made on the application of a creditor of	Crown, may apply or cause Curator to
such deceased person such creditor shall have no preference or right	apply for such order.

of retainer over other creditors of such deceased person. •

9.     IF twelve years shall elapse from the time when any real or F f

personal estate of a deceased person shall have vested in the Curator o	lorwen	iture to the
Crown.
under this Act, and no probate of the will or letters of adminis- tration of the estate of such person shall have been granted, and no entry shall have been made as aforesaid, and such estate or part thereof shall still remain vested in the Curator, and there shall be no suit or action then pending in any Court of the Colony by or on behalf of any person claiming such estate, the said estate shall thenceforth vest absolutely in and become the property of the Crown.

IN all.proceedings under this Act the Curator shall sue and be sued by his name with the addition of the words " Curator of be Curator to sue an and

10.

med.

Intestates' Estates "; and it shall not be necessary for him or for any person suing him to prove his authority or appointment under this Act.

IF the office of Curator of Intestates' Estates shall become vacant during the pendency of any action, such action shall not	Office of Curator to
have succession.
abate or become defective, but shall continue by or against the officer who shall be appointed to the office, and his name shall be used in all future proceedings in lieu of the name of the officer whose office shall so become vacant.

11.

12. THE Curator shall not by reason of the exercise of the Lim f ,

duties of his office incur any personal liability to the payment of atoeistaltl	uosnponosibiliut31,-.
any sum of money for costs or otherwise in any action or matter except such as shall arise or be incurred by his own neglect or default.

47° VICTORI}E, No. 20.

Estates of Deceased Persons.

ventory and list ofCurator to make in- with the estate of a deceased person, he shall cause to be made an 13. IN all cases in which the Curator shall meddle or interfere

estate. inventory and list and appraisement of such estate, and keep one copy thereof in his office, and return one other to the Supreme Court ; and he shall also permit all persons to inspect and take copies thereof, and of all documents relating to such estate in his custody, at all reasonable times.

14.     ALL costs, charges, and expenses properly incurred by or

Expenses of Curator payable to the Curator with reference to the estate of a deceased

to be a first charge

on estate.

person in exercise of the powers and authorities given to him by this

Act, shall be deemed to be a first charge on such estate.

Short title. sons' Estate Act, 1883," and this Act shall be incorporated with 15. THE Short Title of this Act shall be " The Deceased Per-

Incorporation with " The Supreme Court Ordinance, 1861," and " The Supreme Court

Supreme Court Acts.

Act, 1880."

In the name and on behalf of the Queen I hereby assent

to this Act.

F. NAPIER BROOME, Governor.

By Authority : Rtennun PIIIITER, Government Printer, Perth.