The Administration and Probate Amendment Act 1904 (SA)

ANNO QUARTO

A.D. 1904.

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No. 854.

An Act to amend " The Administration and Probate Act,

1891 ," and for other purposes.

[Assented to, November 2 4 t 4 rpog.]

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, This Act may be cited as " The Administration and Probate short title.

Amendment Act, 1904."

2, This Act shall be read and construed as one Act with "The Incorpomtion.

Administration and Probate Act, 1891 " (hereinafter called the prin- cipal Act). and together therewith may be cited as the Adminis- tration and Probate Acts.

3, I n the construction of this Act, unless inconsistent with the I n ~ ~ ~ f ~ t i o n.

context-

" State " includes province and colony:

" Curator of any (or such) other State" means and includes

the Curator of Intestate Estates or the Public Trustee for

the time being of any State of the Commonwealth of Aus-

tralia other than South Australia, and also of the colony of	'
New Zealand, or the officer discharging in any such State duties corresponding or similar to those discharged in South Australia by the Public Trustee.

864 4. In

4' EDWARDI VII, No. 854.

The Admitr istration and Probate Amendment Act.- 1904.

Court may order	4.	In addition to the cases specified in section 48 of the principal
adminietration to be

ranted to Public Act, the Court may make an order authorising the Public Trustee

L tee in certain

CBBBB. to administer the estate of a deceased person:

I. When the deceased shall have died wholly or partially in- testate, leaving estate within the State of South Australia, but not a husband or lawful next of kin, of the age of twenty-one years:

11. Where the estate, or portion thereof, is liable to waste, or ie

of a perishable nature, or is in danger of being lost or destroyed, or where great loss or expense may be incurred by reason of delay, and the executor or person entitled to administration, with the will annexed, or husband, or the widow or next of kin-

( a ) 1s absent from the locality of the estate; or

(b) Is not known; or

(c) Has not been found; or

(d) Is unfit or incapable:

111. Where such executor, person entitled to administration, with will annexed, or husband, or widow, or lawful next of kin requests or request the Public Trustee, in writing, to apply for such order:

rv. Where part of an estate, already partly administered, is

unadministered owing to the death or incapacity of the

executor or administrator.

Applictrtion of

mca. 49 and 51 of 6. The provisions of sections 49 and 51 of the principal Act shall

principal Act.	apply to orders made under section 4 hereof.
pay over to Curator

Public Truatee may 6, When the Public Trnstee has obtained an order to administer

of another Stab.	the estate in South Australia of any person who at the time of his death was domiciled in one of the other States of the Commonwealth of Australia, or in the colony of New Zealand, and whose estate in the other State is being administered by the Curator of such other	State, or by an executor or administrator duly appointed by the	Supreme Court of such State, the Public Trustee may pay over tc)
the Curator of the State in which the deceased was domiciled at the time of his death, or to such executor or administrator, the balance of the estate, after payment of hi& debts in South Aus- tralia and the charges provided for in the Administration and Probate Acts, without seeing to the application of any money so paid, and without incurring any liability in regard to such payment.
Public Truatee may
receive from the	7. (1) When the Curator of any other State has in the said whose estate in South Australia is being administered by the public Trustee, and who at the time of his death was domiciled in South Australia, the Public Trustee may receive from the Curator of such other State the balance of the deceased's estate in that State, after payment of creditors and all charges provided for under the law of
Curator of another	State obtained administration to the estate of any deceased person
stet%.
suih State. (2) Such

4" EDWARDI VII, No. 854. - - ---

The Administration a d Probate Ammdrneat Act.-1904.

(2) Such balance shall, when so received, form part of the estate

of the deceased, and shall be dealt with according to the law of South Australia, but no commission shall be paid to or deducted by the Public Trustee.

8, (1) The Court may allow to the Public Trustee such commis- ~ $ c ~ ~ ~, " ~ o m -

sion as may be just and reasonable on all property, real or personal mission on property

other than money and over the value of One Hundred Pounds, oonveyed

which shall corn;! to the hands of the Public Trustee under the

authority of this or the principal Act, and on any money or pro-

perty received by him under this Act, or under or in pursuance of

the provisions of any Act of Parliament in which no provision for

any allowance to the Public Trustee is made.

Q, Sub-section 2 of section 88 of the principal Act shall be read I n ~ d l ~ e n t -

as though the following words had been originally included therein

after clause (c) -

" (d) On loan to the 'l'reasurer of the said State."

10, The figures "41 " in the third line of sub-section 2 of section Amendment OF aeaa. 63 and 64 of the

63 of the said Act are hereby repealed, and the figures " 44" inserted in lieu thereof; and that the figures 41 " in the third line of section

45 of the said Act are hereby repealed, and the figures 40" inserted in lieu thereof; and the word " the " at the end of the second line of sub-section 3 of section 64 of the mid Act is hereby repealed

and the word are " inserted in lieu thereof.

11. The' Judge of the Northern Territory shall possess and Powere of Juase of

exercise in the Northern Territory, in relation to the Public Northern Territory.

Trustee for the Northern Territory, the like powers and jurisdictions

.

as are exercised by the Court under this and the principal Act in

relation to the Public Trustee.

vested in the Court or any one or more Judges thereof under section amended. 12, In addition to, and without restricting or limiting, the powers Rulea may be

112 of the principal Act, the Court or any one or more of the Judges shall have power, subject always to the provisions of sub- section 2 of section 112, to revoke, amend, alter, or vary the scale

of charges, or any of the rules, forms, and fees mentioned and

prescribed in the Second and Third Schedules of the said Act.

13, Section 72, sub-sections (1) and (2) of the principal Act, Amendmentofloction

shall be read as though the words " under any will or " had been act.

72 of the prinoipal

originally inserted after the word " estate " in the first line of the

said sub-sections (1) and (2).

14. In addition to the provisions contained in sections 93 and Publio Truetee -Y receive properties

95 of the principal Act the Court, i n any case in which it sees adject to t rua.

fit, may, on the application of the trustee or executor under any will,

make an order authorising the Public Trustee to receive and

administer any money or property subject to the truata of the same

will. 16, Whenever

4 O EDWARDI VII, No. 854.

The Administration and Probate Amendment Act.-1904.

Payment b bank

three montL after	15. Whenever on the death of an ordinary customer or
death of customer to

the widow or husband	depositor the moneys standing to his credit on the books of any
of aums not exceeding	bank shall not exceed Fifty Pounds, and probate of his will or
$60 without proof.	letters of administration of his estate shall not be produced to the manager of the bank within three months after t i e death of the customer or depositor, the manager of such bank may pay such money to the widow or'husband of such customer or depositor with- out any proof other than the death of such customer or depositor and the identity of the widow or husband, as the case may be, and every payment so made shall be valid, and be an effectual release to the bank against all claims and demands on account thereof; but nevertheless the next of kin, legatees, executors, or administrators of the deceased customer or depositor shall have all the remedies against the persons to whom such moneys were paid as they would have had against the bank if such payment had not been made by the bank as aforesaid.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE R, LE HUNTE, Governor.

Adelaide : By authority, C. E. Baxemw, Government Printer, North T e m e.