Australian Capital Territory

Administration and Probate Act 1929
No 18
Republication No 5C
As in force on 21 December 2000
Includes all amendments up to Act 2000 No 80

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on 
21 December 2000

AUSTRALIAN CAPITAL TERRITORY

Administration and Probate Act 1929
CONTENTS
	Page 
Part 1—Preliminary
	1	Short title	1
	2	Commencement	1
	5	Interpretation	1
Part 2—Administration
	7	Registrar of Probates	4
	7A	Deputy Registrars of Probates	4
	7B	Registrar’s seal and stamps	4
Part 3—Grant Of Representation
Division 1—Jurisdiction of the court
	8C	The court to make finding with respect to the domicile of deceased person	6
	9	Probate or administration may be granted	6
	9A	Evidence of death	6
	9B	Grant on presumption of death	7
	10	Issue of probate by registrar	8
	10A	Sealing of probate and letters of administration	9
	10B	Grant to single executor reserving leave to others to apply	9
	10C	Grant of probate to public trustee	9
	11	Practice as to granting administration of real and personal estate	10
	12	Eligible administrators	10
	13	Rights and duties of administrator	10
	14	 Administration bond to be given	11
	17	Order may be made to assign the bond	12
	18	Order to assign bond in creditor’s administration	12
	18A	Probate or administration may be revoked or further bond required	13
	19	Application by surety for relief	13
	20	Renunciation or non-appearance by executor	14
	20A	Renunciation etc by person appointed both executor and trustee of will	14
	21	Administration to guardian of infant sole executor	15
	22	Administration under power of attorney	15
	23	Administration pendente lite and receiver	15
	24	Power as to appointment of administrator	16
	25	Proceeding where executor neglects to prove will	16
	26	Issue of special letters of administration	17
	27	Special administrator to make certain affidavits	17
	28	On return of original executor or administrator special administration to be rescinded	17
	29	Accounting by special administrator	17
	30	Liability of executor or administrator neglecting to apply for rescission of special administration	18
	31	Revocation of grants not to prejudice actions or suits	18
	32	Discharge or removal of executor or administrator	18
	32A	Revocation of grant if person living at the date of the grant	19
	32B	Effect of revocation of grant	20
Division 2—Caveats
	33	Caveat may be lodged	21
	34	Where a caveat lodged court may grant order nisi	21
	35	Service of order nisi	22
	36	Proceeding where caveator does not appear	22
	37	Evidence on hearing of order nisi	22
	37A	Withdrawal and removal of caveat	22
	38	Costs where caveat lodged by public trustee	23
Division 3—Effect of grant of representation
	38A	Estate to vest in public trustee until grant	23
	39	Real and personal estate to vest in executor or administrator	23
	40	Real estate held in trust	23
	41	Property of deceased to be assets	23
	41A	Property of deceased liable for debts	24
	41B	Appointments by will under general power	24
	41C	Administration of assets	25
	41D	Application of income of settled residuary estate	25
	42	Real estate to be held upon trusts of will	27
	43	Rights of executor as to real estate	27
Division 4—Position of executor of an executor
	43A	Executor of executor	27
	43B	When ceases to represent deceased	28
	43C	Rights and liabilities of executor of executor	28
part 3A—intestacy
Division 1—Preliminary
	44	Interpretation	29
Division 2—Distribution on intestacy
	45	Executor or administrator to hold property of intestate on trust for persons entitled	30
	45A	Distribution between legal spouse and eligible partner	31
	46	Provisions relating to persons who at the date of death of the intestate are infants	31
	48	Estate by courtesy or right of dower not to arise	32
	49	Distribution of intestate estate	32
	49A	Interest of spouse on intestacy in personal chattels	33
	49AA	Immovable property where intestate domiciled elsewhere	33
	49B	Manner of distribution to issue	34
	49BA	Gifts made before death of intestate	35
	49C	Manner of distribution to next of kin	37
	49CA	Manner of distribution to the Territory	37
	49D	Partial intestacies	38
	49E	Presumptions of parentage	39
Division 3—Rights of spouses to intestate dwelling houses
	49F	Interpretation	39
	49G	Claim by spouse to dwelling house	40
	49H	Valuation	41
	49J	Right not exercisable in case of certain tenancies	41
	49K	Right not exercisable in certain other cases	41
	49L	Personal representative not to sell or dispose of interest without consent	42
	49M	Rule that trustee not to purchase trust property	42
	49N	Where surviving spouse is under a legal disability	43
part 3B—simultaneous deaths
	49P	Devolution of property	44
part 3C—functions of executors and administrators
	50	Powers of executors and administrators as to sale, mortgage or lease of real estate	45
	51	Court may make special order	46
	51A	Court may authorise postponement of realisation and carrying on of business	47
	52	Court may order partition in a summary way	47
	53	Personal representative not required to continue to act against own consent	48
	54	In suits executor or administrator to represent real estate	48
	55	All debts to stand in equal degree	48
	55A	Interest on legacies	49
	56	Executor may sign acknowledgment in lieu of conveyance	49
	57	Summary application for legacy etc	50
	58	Filing and passing accounts	50
	58A	Passing and allowance of the accounts of executors and administrators	51
	59	If accounts not exhibited registrar to summon administrator before court, which may inflict penalty	51
	60	Proceedings under section 59 not to prejudice proceedings on bond	51
	61	Court may make order as to disposal of moneys in hands of executor etc	52
	62	Payments under revoked probates or administrations valid	52
	63	Persons etc making payments upon probate granted for estate of deceased person to be indemnified	52
	64	Distribution of assets	52
	65	Claims barred against executor or administrator in certain cases	53
	66	Distribution of estate by executors and administrators	53
	67	Right to follow assets	54
	68	Executors may compound etc	54
	69	Every executor etc to be deemed resident in the Territory	55
	70	Executors etc may be allowed commission	55
	71	Limits of professional charges for obtaining probate etc	56
	73	Bill to be taxed by taxing officer	57
	74	Taxing rules to apply	57
part 3D—liability of certain persons in relation to deceased estates
	74A	Fraudulently obtaining or retaining property	58
	74B	Persons liable for waste of deceased estate	59
Part 4—Small Estates
	75	Application to registrar for probate or administration	60
	76	Duties of registrar	60
	77	Issue of probate or administration in the name of the court	60
	78	Matters as to which registrar not satisfied	61
	79	Obligation of registrar	61
Part 5—Recognition Of Foreign Grants
	80	Reseal of grant made in certain countries	62
	81	Caveat	63
	82	Seal not to be affixed until duty is paid etc	63
	83	Inclusion of orders to collect and Scotch confirmation	64
Part 6—Public Trustee
	87B	Estates to the value of $10,000 or less	65
	87C	Election to administer estate	66
	88	Orders to public trustee to collect and administer	68
	89	Effect of order	69
	90	Grant of probate or administration notwithstanding appointment of public trustee	70
	91	Cessation of rights and liabilities of public trustee	70
	92	Order to public trustee to collect and administer in special circumstances	71
	93	Notice of order to be published	71
	95	Court orders against public trustee	72
	96	Applications how heard	72
	97	Public trustee to act as court directs	73
	97A	Public trustee may obtain directions of court	73
	98	Mode of proceeding under this Act	73
	101	Accounts to be kept etc	74
	102	Receipt of public trustee sufficient discharge	74
Part 8—Procedure
	121	Mode of taking evidence	75
	124	Order to produce an instrument purporting to be testamentary	75
Part 9—Miscellaneous
	125	Registrar to keep record of probates etc	77
	125A	Proved wills and other documents to be held by court	77
	125B	Official certificate or copy of grants and wills obtainable	78
	126	Costs	78
	127	Person fraudulently disposing of will liable for damages	78
	128	Application of amendments made by Administration and Probate (Amendment) Act 1996	78
	ENDNOTES
	1	About this republication	83
	2	About the republished Act	83
	3	Abbreviation key	83
	4	Table of legislation	84
	5 	Table of amendments	87
	6	Table of earlier republications	100

As in force on
21 December 2000

AUSTRALIAN CAPITAL TERRITORY

Administration and Probate Act 1929
An Act relating to the administration of the estates of deceased persons
Part 1—Preliminary
1 	Short title
	This Act may be cited as the Administration and Probate Act 1929.
2 	Commencement
	This Act shall commence on 21 October 1929.
5 	Interpretation
(1) 	In this Act, unless the contrary intention appears—
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.
court means the Supreme Court.
deceased person or the deceased means a person dying on or after 1 July 1929.
deputy registrar means a Deputy Registrar of Probates under section 8.
distribute means to pay, deliver, or divide the estate or property referred to, to or among the person or persons entitled 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.
prescribed means prescribed by rules.
probate includes exemplification 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.
public trustee has the same meaning as in the Public Trustee Act 1985.
purposes of administration 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 Probates under section 7.
representation means the probate of a will and administration.
rules mean rules of court made by the Supreme Court that apply to matters arising under this Act.
seal of the court means the seal referred to in section 7B.
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 authorises the officer to administer the estate of the deceased person.

Part 2—Administration 
7 	Registrar of Probates
(1) 	There shall be a Registrar of Probates.
(2) 	The chief executive shall create and maintain an office in the government service the duties of which include performing the functions of the Registrar of Probates.
(3) 	The registrar shall be the public servant for the time being performing the duties of the government service office referred to in subsection (2).
7A 	Deputy Registrars of Probates
(1) 	There may be 1 or more Deputy Registrars of Probates.
(2) 	A deputy registrar may perform any function of the registrar, subject to any direction of the registrar.
(3) 	The chief executive shall create and maintain 1 or more offices in the government service the duties of which include performing the functions of a Deputy Registrar of Probates.
(4) 	A deputy registrar shall be any public servant for the time being performing the duties of a government service office referred to in subsection (3).
7B 	Registrar’s seal and stamps
(1) 	The registrar shall have a seal and a stamp, for use under this Act, the respective designs of which shall be determined by the Minister.
(2) 	A document that is required by this Act to be sealed with the seal of the court may be stamped with the stamp referred to in subsection (1) and, when so stamped, has the same force and effect as if it had been sealed with the seal referred to in that subsection.
(3) 	The registrar and any deputy registrar may have a stamp for affixing on documents a mark that is a facsimile of his or her signature.
(4) 	Instead of signing a document, or a copy of or an extract from a document, for the purposes of this Act, a person who performs or who has performed a function of the registrar or a deputy registrar may cause the document, copy or extract to be stamped with a facsimile of his or her signature, and the document, copy or extract shall then be deemed to have been signed by that person.

Part 3—Grant Of Representation
Division 1—Jurisdiction of the court
8C 	The court to make finding with respect to the domicile of deceased person
(1) 	On an application made under this Act—
	(a)	for the grant of probate of the will, or administration of the estate, of a deceased person;
	(b)	to have probate of the will, administration of the estate, or an order to collect and administer the estate, of a deceased person granted by a court of competent jurisdiction in a State or other Territory sealed with the seal of the court; or
	(c)	by the public trustee for an order to collect and administer the estate of a deceased person,
the court shall not grant the application or the registrar shall not issue the grant of probate or administration, seal the probate, administration or order of the court, or grant an order to the public trustee, as the case requires, unless the court or the registrar has made a finding with respect to the domicile of the deceased person at the time of death.
9 	Probate or administration may be granted
(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.
9A 	Evidence of death
(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.
9B 	Grant on presumption of death
(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; and 
	(b)	the estate of the person shall not be distributed without the leave of the court; and
	(c)	the court may, in the probate or administration or by an order made at any time, give leave to distribute the estate; and
	(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—
	(i)	where the person has received property other than money under the order—restore the property or, at his or her option, pay an amount equal to the value of the property at the time he or she received the property to the person whose death was presumed or, if that person has subsequently died, to the administrator of the estate of that person; or
	(ii)	where the person has received money under the order—pay an amount equal to the amount of the money received under the order to the person whose death was presumed or, if that person has subsequently died, to the administrator of the estate of that person; and
	(e)	the court may direct the executor or the administrator to give, before the estate is distributed, 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 directed by the court under paragraph (1) (e), 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 in accordance with a notice under paragraph (1) (e)—
	(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 paragraph (3) (b), make an order authorising the executor or administrator of an estate to distribute the estate among the persons entitled to it notwithstanding the lodging of the caveat.
(5) 	An order under subsection (4) may authorise the distribution of the estate subject to such conditions as the court thinks fit.
10 	Issue of probate by registrar
(1) 	Subject to 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; or
	(c)	in any case 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.
10A 	Sealing of probate and letters of administration
	The seal of the court shall not be affixed to any probate or letters of administration—
	(a)	until all probate, stamp and other duties (if any), but not including estate duty, payable under any law in force in the Territory have been paid; and
	(b)	except upon an affidavit that notice of the intention to apply in that behalf has been published once in a newspaper published and circulating in the Territory 14 days before the making of the affidavit and that no caveat has been lodged.
10B 	Grant to single executor reserving leave to others to apply
	The court may, if it thinks fit, grant probate to 1 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.
10C 	Grant of probate to public trustee
	Where a deceased person has named, as an executor of his or her will—
	(a)	the Public Trustee for the Australian Capital Territory;
	(b)	the public trustee of a State; or
	(c)	the Public Trustee for the Northern Territory;
the court may grant probate of the will to that public trustee.
11 	Practice as to granting administration of real and personal estate
	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 administration of real estate, and administration of both real and personal estate may be granted in and by the same letters.
12 	Eligible administrators
(1) 	The court may grant administration of an intestate estate to any of the following persons, subject to this section:
	(a)	the spouse of the intestate;
	(b)	1 or more of the next of kin of the intestate;
	(c)	if the intestate is survived by 2 spouses—either spouse, or both spouses conjointly;
	(d)	a spouse or spouses of the intestate conjointly with 1 or more of the next of kin of the intestate;
	(e)	such other person (whether or not a creditor of the intestate) as the court thinks fit.
(2) 	The court shall only grant administration of an intestate estate to a person who has attained the age of 18 years.
(3) 	The court shall not grant administration of an intestate estate to a person referred to in paragraph (1) (e) if there is any other person to whom administration may be granted under this section—
	(a)	who is fit to be trusted, in the opinion of the court; and
	(b)	who appears and prays for administration after being duly cited.
(4) 	In this section—
spouse, in relation to an intestate, has the same meaning as in Part 3A.
13 	Rights and duties of administrator
	A person to whom administration of the estate of a deceased person is granted—
	(a)	has, subject to any limitations in the grant, the same rights and liabilities as the person would have if the person were the executor of the deceased; and
	(b)	is accountable in the same way as the person would be accountable if the person were the executor of the deceased person.
Note  This section was relocated from Part 4 of Schedule 2 to the Imperial Acts (Substituted Provisions) Act 1986.  (For the effect of a relocation, see Interpretation Act 1967, s 49.)  The 1986 Act substituted provisions for certain UK Acts that applied (or may have applied) in the Territory and repealed those Acts.  The provisions of Part 4 of Schedule 2 were substituted for 31 Edw. 3, St. 1, c 11 (1357) and 1 Jas. 2 c 17, s 6 (1685).  Subsection 4 (1) of the 1986 Act provided, in effect, that the rules of law about the interpretation of consolidating Acts apply to the interpretation of the provisions of a law set out in Schedule 2.  These rules of law continue to apply to this section (see Interpretation Act 1967, s 49 (3)).
14 	 Administration bond to be given
(1) 	Subject to this section, a person to whom a grant of administration is made shall, before the issue of the administration, enter into, and file with the registrar, a bond with an insurance company as a surety for duly collecting, getting in and administering the real and personal estate of the deceased person.
(2) 	The bond shall acknowledge that the person to whom the grant is made and the surety are bound to the registrar in a sum to be specified in the bond, being a sum equal to the value of the estate of the deceased person or such lesser sum as the court, or in a case where the value of the estate of the deceased person does not exceed $2,000, as the registrar, directs.
(3) 	Where all or any portion of the estate of the deceased person passes to—
	(a)	the person to whom administration is granted; or
	(b)	beneficiaries who are sui juris and consent in writing to the bond being dispensed with; 
the registrar may, if he or she thinks fit, dispense with the requirement of the bond with respect to the estate or that portion of the estate, as the case requires.
(4) 	Subsection (1) does not apply in respect of a grant of administration of the estate of a deceased person granted to—
	(a)	the public trustee; or
	(b)	a person on behalf of the Crown; or
	(c)	a trustee company in a case where the company is exempted by law from the obligation of having to enter into and file the bond referred to in that subsection; or
	(d)	a public trustee of a State or Territory of the Commonwealth.
(5) 	In this section, a reference to an insurance company shall be read as a reference to a company that is carrying on insurance business within the meaning of the Insurance (Deposits) Act 1932 of the Commonwealth and maintains a deposit with the Treasurer in accordance with that Act.
17 	Order may be made to assign the bond
	The court may, on being satisfied that the conditions of any administration bond have been broken, order the registrar to assign the bond to some person to be named in the order, and that person (or his or her executor or administrator) shall be entitled to sue upon the bond in his or her own name as if it had been originally given to him or her, and shall be entitled to recover as trustee for all persons interested the full amount recoverable in respect of any breach of the conditions of the bond.
18 	Order to assign bond in creditor’s administration
(1) 	On being satisfied that there has been negligence or maladministration of the estate of which any person has obtained administration in the capacity of creditor, or that the condition of any administration bond executed by any person who has obtained administration in that capacity has been broken in any substantial particular, the court may, if it thinks fit, order the registrar to assign the administration bond to the public trustee or to some person to be named in the order.
(2) 	The public trustee or the person named in the order, is entitled to sue upon the bond as if it had been originally given to him or her, and shall be entitled to recover, as trustee for all persons interested, the full amount recoverable in respect of any breach of the condition of the bond.
(3) 	The court may, if it thinks fit, upon making the order, remove the creditor from the position of administrator, and may grant a rule to the public trustee, or some persons to be named in the order, to administer the estate.
18A 	Probate or administration may be revoked or further bond required
(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 motion 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 motion 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 and with such sureties, as the court thinks fit.
(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.
19 	Application by surety for relief
	If, upon motion 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.
20 	Renunciation or non-appearance by executor
	Where—
	(a)	any person renounces probate of the will of which he or she is appointed an executor; or
	(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 to the testator and the administration of the estate shall, without any further renunciation, go, devolve, and be committed in like manner as if that person had not been appointed executor.
20A 	Renunciation etc by person appointed both executor and trustee of will
(1) 	If a person who is appointed by will both executor and trustee 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.
(2) 	Where there is any such renunciation or failure or any such person dies before probate is granted or instead of applying for probate authorises a trustee company to apply for administration with the will annexed and where administration with the will annexed is granted to a trustee company, the trustee company shall by virtue of the grant and without any further appointment be deemed to be appointed trustee of the will in the place of the person thereby appointed.
(3) 	In this section—
trustee company means any company authorised by or under any law in force in the Territory to act as executor, administrator or trustee.
21 	Administration to guardian of infant sole executor
(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 as an administrator by virtue of an administration granted during the minority of the infant.
22 	Administration under power of attorney
(1) 	Where a person entitled to probate or administration of a deceased estate is out of the jurisdiction, and has appointed a person within the jurisdiction under a power of attorney to exercise that entitlement, the court may grant administration to the attorney on behalf of the entitled person on such terms as the court thinks fit.
(2) 	The grant of administration under subsection (1) continues in force notwithstanding the death of the donor of the power of attorney, subject to the terms of the grant.
23 	Administration pendente lite and receiver
(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 as it thinks right.
24 	Power as to appointment of administrator
	The court may, in any case where a person dies—
	(a)	intestate; or
	(b)	leaving a will, but without having appointed an executor; or
	(c)	leaving a will and having appointed an executor, 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 or of any part thereof, upon giving such security (if any) as the court directs, and every such administration may be limited as the court thinks fit.
25 	Proceeding where executor neglects to prove will
(1) 	In any case where the executor named in a will—
	(a)	neglects or refuses to prove the will or to renounce probate 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; or
	(d)	any creditor of the testator;
grant an order nisi calling upon the executor to show cause why probate of the will should not be granted to the executor, or, in the alternative, why administration with the will annexed should not be granted to the applicant.
(2) 	Upon affidavit of service or of sufficient reasons for non-service of the order if the executor do not appear, or upon cause being shown, the court may make such order for the administration of the estate and as to costs as appears just.
26 	Issue of special letters of administration
	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 jurisdiction, the court may, upon the application of any creditor, legatee, or next of kin, grant to the creditor, legatee or next of kin so applying special letters of administration of the estate of the deceased person, nevertheless to cease upon an order being made for the rescission thereof as mentioned in section 29.
27 	Special administrator to make certain affidavits
	The person applying for any such special grant shall, in addition to the oath usually taken by administrators, satisfy the court by affidavit that the executor or administrator of the estate of the deceased person is resident out of the jurisdiction, 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.
28 	On return of original executor or administrator special administration to be rescinded
(1) 	On the return within the jurisdiction 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 the original probate or administration shall be and remain as valid and effectual as if the special grant of administration had not been made.
29 	Accounting by special administrator
	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 such moneys received by him or her as special administrator as are undisposed of as the court may order.
30 	Liability of executor or administrator neglecting to apply for rescission of special administration
	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 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.
31 	Revocation of grants not to prejudice actions or suits
	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 may order 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 the new representative, but subject to such conditions and variations (if any) as that court directs.
32 	Discharge or removal of executor or administrator
(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; or
	(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;
the court may order the discharge or removal of that executor or administrator, and the appointment of some proper person or trustee company 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 may be served, if the court thinks it necessary, upon such persons as it 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 the new administrator originally.
32A 	Revocation of grant if person living at the date of the grant
(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.
32B 	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; and
	(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 section 9B in relation to the disposing of that property; and
	(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; and
	(ca)	a person entitled to any property that has been distributed by the executor or administrator to whom the grant was made may apply to the court for an order under subsection (2); and
	(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 Land Titles Act 1925, 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) 	Where the court, upon application made under paragraph (1) (ca) in respect of property, is satisfied that the applicant is the person entitled to the property and that the respondent to the application is the appropriate person in respect of the property, the court may make an order directing the respondent—
	(a)	if the respondent is in possession of the property—to return the property to the applicant or pay to the applicant such sum as the court considers reasonable in the circumstances; or
	(b)	in any other case—to pay to the applicant such sum as the court considers reasonable in the circumstances.
(3) 	For the purposes of this section, the appropriate person, in respect of property distributed under a probate or administration that has been revoked, is—
	(a)	if the person to whom the property was so distributed is alive—that person; or
	(b)	if the person to whom the property was so distributed is dead—the executor of the will or administrator of the will or estate of that person or a person who has benefited as a result of the property having been distributed to that person.
(4) 	This section does not affect any entitlement of an executor or administrator to commission, or to any protection, indemnity, reimbursement or right under any other section of this Act.
Division 2—Caveats
33 	Caveat may be lodged
(1) 	Any person may lodge with the registrar a caveat against any application for representation at any time previous to the representation being granted.
(2) 	Every such caveat shall set forth the name of the person lodging it, and an address within the Territory for the service of notices.
34 	Where a caveat lodged court may grant order nisi
	In every case in which a caveat is lodged, the court may, upon motion on behalf of the person applying for representation supported by affidavits upon which, if there had been no caveat, representation would have been granted, make an order nisi for the grant of representation to the person applying, and every such order shall name a time for showing cause against it, and the court may enlarge the order from time to time.
35 	Service of order nisi
	Every such order nisi and every order enlarging it shall be served on the caveator by delivering a copy thereof at the address mentioned in the caveat.
36 	Proceeding where caveator does not appear
	If, upon the day named in the order nisi or upon the day to which the order has been enlarged, the caveator does not appear, the order nisi may be made absolute upon an affidavit of service, but, if the caveator appears, the hearing shall be conducted in the same manner as nearly as may be as upon a trial, and the order nisi may be made absolute or discharged with or without costs as may be just, and, if the court so directs, the costs may be paid out of the estate.
37 	Evidence on hearing of order nisi
	Upon the hearing of any order nisi, the parties shall be at liberty, subject to the rules, to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, be subject to be cross-examined by or on behalf of the opposite party orally in open court, and after the cross-examination may be re-examined orally in open court by or on behalf of the party by whom the affidavit was filed.
37A 	Withdrawal and removal of caveat
(1) 	A caveat may, with the leave of the court, be withdrawn at any time.
(2) 	Leave to withdraw a caveat may be given subject to such conditions as to payment of costs or otherwise as the court thinks fit.
(3) 	A person applying for a grant of probate or administration may summon a person who has lodged a caveat against the grant to attend before the court in order to show cause why the caveat should not be removed, and the court may, on proof that the caveator has been so summoned, make such order as it thinks fit.
38 	Costs where caveat lodged by public trustee
	In any case in which a caveat is lodged by the public trustee, the court may, if it thinks fit, order costs to be paid to the public trustee out of the estate, whether the order nisi is discharged or not.
Division 3—Effect of grant of representation
38A 	Estate to vest in public trustee until grant
	Upon the death of a person, the real and personal property of the deceased person vests in the public trustee in the same manner, and to the same extent, as the personal estate and effects of a deceased person formerly vested in the Ordinary in England.
39 	Real and personal estate to vest in executor or administrator
	Upon the grant of representation of the estate of any deceased person, all real and personal estate which any such person dies seised or possessed of, or entitled to, in the Territory, and which is unadministered at the date of the grant, shall 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:
	(a)	on testacy in the executor or administrator with the will annexed;
	(b)	on intestacy in the administrator;
	(c)	on partial intestacy in the executor or administrator with the will annexed.
40 	Real estate held in trust
	All real estate held by any person in trust or by way of mortgage, and vesting in pursuance of section 39, shall vest in his or her executor or administrator, subject to the trusts and equities affecting the estate.
41 	Property of deceased to be assets
(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 sections 50 and 51, 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.
41A 	Property of deceased liable for debts
(1) 	The real and personal property of a person who dies on or after 1 January 1966, 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 section) 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; or
	(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, but the interest or part is not liable to be taken in execution in the proceeding or under the process.
41B 	Appointments by will under general power
(1) 	Where a provision contained in the will of a person dying on or after 1 January 1966 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 and before 1 January 1966, 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 1 January 1966 under a disposition by an appointee which, but for that subsection, would be valid; or
	(b)	the operation of section 39.
41C 	Administration of assets
(1) 	Where the estate of a person who dies on or after 1 January 1966 is sufficient for the payment in full of all the expenses, debts and liabilities payable from the estate, the person’s real and personal property is, subject to the provisions of the person’s 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 1 of Schedule 4 for the payment of the expenses, debts and liabilities payable from the estate.
(2) 	Where the estate of a person who dies on or after 1 January 1966 is insufficient for the payment in full of all the expenses, debts and liabilities payable from the estate, the person’s 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 2 of Schedule 4.
41D 	Application of income of settled residuary estate
(1) 	Where a person who dies on or after 1 January 1966 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; or
	(b)	the debts or liabilities of the person; or
	(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; or
	(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, 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.
42 	Real estate to be held upon trusts of will
	Subject to this Part, the real estate of every such deceased person devising that estate by will shall be held by the executor to whom probate has been granted, or the administrator with the will annexed, according to the trusts and dispositions of the will.
43 	Rights of executor as to real estate
	The executor 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 testator, as executors had or were subject to in relation to personal assets under the law in force in New South Wales as in force immediately before 21 October 1929.
Division 4—Position of executor of an executor 
Note  The provisions of this Division were relocated from Part 3 of Schedule 2 to the Imperial Acts (Substituted Provisions) Act 1986.  (For the effect of a relocation, see Interpretation Act 1967, s 49.)  The 1986 Act substituted provisions for certain UK Acts that applied (or may have applied) in the Territory and repealed those Acts.  The provisions of Part 3 of Schedule 2 were substituted for 25 Edw. 3, St. 5, c 5 (1351).  Subsection 4 (1) of the 1986 Act provided, in effect, that the rules of law about the interpretation of consolidating Acts apply to the interpretation of the provisions of a law set out in Schedule 2.  These rules of law continue to apply to this Division (see Interpretation Act 1967, s 49 (3)).
43A 	Executor of executor
	Where—
	(a)	probate of the will of a testator has been granted to a person (in this Division called the original executor) as the sole executor, or as 1 of the executors, of the will of the testator;
	(b)	the original executor was, immediately before his or her death, the sole, or the last surviving, executor of the will of the testator; and
	(c)	probate of the will of the original executor is granted to the executor, or 1 of the executors, (in this Division called the succeeding executor) of the will of the original executor;
the succeeding executor becomes, upon the grant of probate of the will of the original executor—
	(d)	the executor of the will of the testator; and
	(e)	the executor of the will of any other testator of whose will the testator was, immediately before his or her death, the executor by virtue of the application, or successive applications, of this section.
43B 	When ceases to represent deceased
	Where, after a person has become the executor of the will of a testator by virtue of the application, or of successive applications, of section 43A, another person who was appointed an executor of the will of that testator is granted probate of that will, the first-mentioned person ceases, upon the grant of that probate, to be the executor of the will of that testator.
43C	Rights and liabilities of executor of executor
	While a person who has become the executor of the will of a testator by virtue of the application, or of successive applications, of section 43A, continues to be the executor of the will of the testator—
	(a)	the person has the same rights in respect of the estate of that testator as the original executor, or the original executors, would have if living; and
	(b)	the person is, to the extent to which the estate of the testator has come to his or her hands, answerable as if the person were the original executor, or 1 of the original executors, as the case may be, of the will of the testator.

part 3A—intestacy
Division 1—Preliminary
44 	Interpretation
(1) 	In this Part, unless the contrary intention appears—
eligible partner, in relation to an intestate, means a person other than the intestate’s legal spouse who—
	(a)	whether or not of the same gender as the intestate—was living with the intestate immediately prior to the death of the intestate as a member of a couple on a genuine domestic basis; and
	(b)	either—
	(i)	had lived with the intestate in that manner for 2 or more years continuously prior to the death of the intestate; or
	(ii)	is the parent of a child of the intestate who had not attained the age of 18 years at the date of death of the intestate.
intestate means a person who dies on or after 1 July 1967 and 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 intestate, 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.
legal spouse, in relation to an intestate, means the husband or wife of the intestate immediately before the death 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.
spouse, in relation to an intestate, means—
	(a)	the legal spouse of the intestate; or
	(b)	the eligible partner of the intestate.
(2) 	For the purposes of Division 2—
	(a)	a husband and wife shall be regarded as 2 persons; and
	(b)	in ascertaining relationship it is immaterial whether the relationship is of the whole blood or the half-blood.
Division 2—Distribution on intestacy
45 	Executor or administrator to hold property of intestate on trust for persons entitled
	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 this Division.
45A 	Distribution between legal spouse and eligible partner
(1) 	Where an intestate is survived by both a legal spouse and an eligible partner, the entitlement to the spousal share of the intestate estate is to be determined as follows:
	(a)	if the eligible partner had lived as the eligible partner of the intestate continuously for a period of less than 5 years immediately before the intestate’s death—the spousal share of the intestate estate shall be distributed equally between the eligible partner and the legal spouse;
	(b)	if the eligible partner had lived as the eligible partner of the intestate continuously for a period of 5 years or more immediately before the intestate’s death—the eligible partner is exclusively entitled to the spousal share.
(2) 	In this section—
spousal share, in relation to an intestate estate, means the share of the estate to which the spouse of the intestate is entitled under this Division.
46 	Provisions relating to persons who at the date of death of the intestate are infants
(1) 	Where a person who is entitled, under this Division, to the whole of, or a share in, an intestate estate 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 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 as if the person had died before the intestate.
(3) 	This section does not affect the operation of any law in force in the Territory authorising 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.
48 	Estate by courtesy or right of dower not to arise
	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.
49 	Distribution of intestate estate
(1) 	The person or persons entitled to take an interest in an intestate estate, and the interest in that estate that that person 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, the intestate estate shall be taken, for the purposes of Schedule 6 and subsection (3), not to include any personal chattels of the intestate.
(3) 	For the purposes of Schedule 6, the value of an intestate estate 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, probate duties and death duties payable in relation to the estate as are payable out of that intestate estate.
(4) 	Where an item of Schedule 6 provides for the payment of a sum and interest on that sum out of an intestate estate 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 item by ascertaining the value of the intestate estate in the manner provided by subsection (3) and deducting from that value the firstmentioned sum and the interest payable on that sum.
(5) 	For the purposes of Schedule 6—
	(a)	the brothers and sisters of an intestate; and
	(b)	the grandparents of an intestate; and
	(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.
49A 	Interest of spouse on intestacy in personal chattels
	Where an intestate is survived by his or her spouse, the spouse is entitled to take, absolutely, any personal chattels of the intestate that are not effectively disposed of by the will (if any) of the intestate.
49AA 	Immovable property where intestate domiciled elsewhere
(1) 	Where—
	(a)	an intestate was, at the time of death, domiciled in the Territory; and
	(b)	immovable property situated in a place outside the Territory forms part of the intestate estate; and
	(c)	the intestate is survived both by a spouse and by issue; and 
	(d)	the spouse is, under a law of that place, entitled to part or all of that property, or to a sum of money calculated by reference to the value of part or all of that property;
the property or part of the property, or the sum of money, to which, under that law, the spouse is entitled, shall be taken to form part of the intestate estate for the purposes of subsection 49 (3).
(2) 	Subject to subsection (4), where—
	(a)	an intestate was, at the time of death, domiciled outside the Territory; and
	(b)	the intestate is survived both by a spouse and by issue; and
	(c)	immovable property situated in the Territory forms part of the intestate estate; and 
	(d)	the spouse is, under a law of a place outside the Territory, entitled to all or part of any other property (other than personal chattels) that forms part of the intestate estate, or to a sum of money calculated by reference to the value of all or part of that other property;
the property or part of the property, or the sum of money, to which, under that law, the spouse is entitled, shall be taken to form part of the intestate estate for the purposes of subsection 49 (3).
(3) 	Where property or a sum of money is, pursuant to subsection (1) or (2), taken to form part of the intestate estate of an intestate, item 2 in Part 1 of Schedule 6 applies as if the references in that item to $150,000 were references to the sum ascertained by deducting from $150,000 an amount equal to the value of that property, or to that sum of money, as the case requires.
(4) 	Subsection (2) does not apply in relation to an intestate estate if the spouse’s share in that part of the estate that devolves in accordance with the law of the place in which the intestate was domiciled would, under that law, be reduced by an amount calculated by reference to the value of part or all of the immovable property referred to in paragraph (2) (c).
49B 	Manner of distribution to issue
(1) 	Where an intestate is survived by issue who are entitled to the whole or a part of the intestate estate—
	(a)	if only 1 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; or
	(b)	if the intestate is survived by the issue of his or her child or 1 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 1 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)	any child of the intestate who survived the intestate is entitled to 1 of those parts; and
	(ii)	the issue of any child of the intestate who died before the intestate leaving issue who survived the intestate are entitled to 1 of those parts through all degrees, according to their stocks, and, if there are more than 1 issue, in equal shares.
(2) 	The number of parts for the purposes of paragraph (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.
49BA 	Gifts made before death of intestate
(1) 	Where—
	(a)	an intestate has, within the period of 5 years immediately before death, given any money or property to or for the benefit of a person who is, by virtue of this Division, entitled to a share in the intestate estate, or to or for the benefit of a spouse of such a person; and
	(b)	the intestate estate, or a part of the intestate estate, is divisible between that person, or the issue of that person, and another person or persons entitled by virtue of this Division to a share in the intestate estate;
the money or property shall be taken to have been given in or towards satisfaction of the share that the person will become entitled to take, or would have become entitled to take if he or she had survived the intestate, as the case may be, in the intestate estate or the part of the intestate estate unless—
	(c)	the contrary intention 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 or property or of so much of the money or property in respect of which such a contrary intention did not appear, does not exceed $10,000.
(2) 	Where, pursuant to subsection (1), any money or property is taken to have been given in or towards satisfaction of the share of a person referred to in subsection (1), 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 person or the person’s issue, as the case may be, is, by virtue of this Division, entitled to take in the intestate estate or a part of the intestate estate.
(3) 	This section does not apply in relation to money or property given to or for the benefit of—
	(a)	a spouse of the intestate; or
	(b)	the spouse of a person referred to in subsection (1), if the spouse is a person who is, by virtue of this Division, entitled to a share in the intestate estate.
(4)	In this section—
given, in relation to money or property, means money or property paid, transferred, assigned or settled (otherwise than for valuable consideration).
legal spouse, in relation to a person entitled to a share in an intestate estate, where the intestate has made a gift to which this section applies, means the husband or wife of the person at the time the gift was made.
spouse, in relation to a person entitled to a share in an intestate estate, where the intestate has made a gift to which this section applies, includes a person other than the entitled person’s legal spouse who—
	(a)	whether or not of the same gender as the entitled person—was living with that person on the date of the gift as a member of a couple on a genuine domestic basis; and
	(b)	either—
	(i)	had lived with the entitled person in that manner for 2 or more years continuously prior to the date of the gift; or
	(ii)	was the parent of a child of the entitled person who was less than 18 years old on the date of the gift.
49C 	Manner of distribution to next of kin
(1) 	Where, by virtue of this Act, the next of kin of an intestate are entitled to the intestate estate, the persons entitled to that intestate estate shall be ascertained as follows:
	(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 1 or more 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;
	(c)	if the intestate is not survived by any persons entitled to the intestate estate under paragraph (a) or (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)	An intestate estate 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.
49CA 	Manner of distribution to the Territory
	Where, by virtue of this Act, the Territory is entitled to an intestate estate, the public trustee—
	(a)	shall hold the intestate estate on trust for the Territory; and 
	(b)	at the expiration of the period of 6 years from the date of death of the intestate—
	(i)	in respect of so much of the estate as is not money—shall sell the estate and, after deducting from the proceeds of the sale all costs and charges lawfully due to the public trustee or any other person, pay the balance of the proceeds to the Territory; or
	(ii)	in respect of so much of the estate as is money—shall, after deducting all costs and charges lawfully due to the public trustee or any other person, pay the balance of the money to the Territory.
49D 	Partial intestacies
(1)	Where the spouse of an intestate acquires a beneficial interest under the will of the intestate in the real or personal property of the intestate (other than in the personal chattels of the intestate), Schedule 6 applies only to the extent to which it is expressed to apply by virtue of this section but the person or persons entitled to take an interest in the intestate estate, and the interest in that estate that that person or those persons are entitled to take, shall be ascertained in accordance with this section according to the facts and circumstances existing in relation to the intestate.
(2) 	Where an intestate is survived by his or her spouse but not by issue, the spouse in entitled to the whole of the intestate estate.
(3) 	Where the intestate is survived by his or her spouse and by issue—
	(a)	if the value of the beneficial interest that is acquired by the spouse under the will does not exceed $150,000—item 2 in Part 1 of Schedule 6 applies as if the references to the sum of $150,000 were read as references to the sum ascertained by deducting from $150,000 the value of that beneficial interest; or
	(b)	if the value of the beneficial interest that is acquired by the spouse under the will exceeds $150,000—
	(i)	the spouse is entitled to be paid out of the intestate estate a sum equal to, if 1 child or the issue of 1 child of the intestate but no other issue of the intestate survives the intestate, 1/2 of the value of the intestate estate or, in any other case, 1/3 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 of the sum to which the spouse is entitled under subparagraph (i).
(4) 	Subsection 49 (3) applies for the purposes of subsection (3) 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 the 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.
49E 	Presumptions of parentage
	For the purposes of the application of this Division and Schedule 6 in relation to an intestate, a presumption of parentage arising under section 8 of the Birth (Equality of Status) Act 1988 in relation to a person shall be taken to operate only if the presumption arose before the intestate died.
Division 3—Rights of spouses
to intestate dwelling houses 
49F 	Interpretation
	In this Division, unless the contrary intention appears—
dwelling house includes—
	(a)	a garden or portion of ground attached to, and usually occupied with, a dwelling house, or otherwise required for the amenity or convenience of a dwelling house; and
	(b)	a part of a building occupied as a separate dwelling.
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.
49G 	Claim by spouse to dwelling house
(1) 	Subject to this Division, where the intestate estate of an intestate who is survived by a spouse comprises or includes an interest in a dwelling house in which the spouse was residing at the date of the intestate’s death, the spouse may elect to have that interest appropriated under section 46 of the Trustee Act 1925, of the State of New South Wales, in its application in the Territory, in or towards the satisfaction of any interest of the spouse in the real and personal property of the intestate.
(2) 	An election under this section may be exercised within a period of 1 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 was invalid; or
	(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 shall be furnished in writing—
	(a)	if the spouse 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 is 1 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 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 may require the personal representative of the intestate to have the interest in the dwelling house valued, and to inform the spouse of the result of that valuation, before deciding whether to exercise the right conferred by this Division.
49H 	Valuation
	For the purposes of this Division, the value of the interest of an intestate in a dwelling house is the amount determined by a qualified valuer engaged by the personal representatives of the intestate to be the market value of the interest.
49J 	Right not exercisable in case of certain tenancies
	This right conferred by this Division is not exercisable where the interest of the intestate in the dwelling house 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.
49K 	Right not exercisable in certain other cases
	Where—
	(a)	a dwelling house forms part of a building and an interest in the whole of the building is comprised in an intestate estate; or 
	(b)	a dwelling house is held with agricultural land and an interest in the agricultural land is comprised in an intestate estate; or 
	(c)	the whole or a part of a dwelling house was, at the date of an intestate’s death, used as a hotel or boarding house; or
	(d)	a part of a dwelling house was, at the date of an intestate’s death, used for purposes other than domestic purposes;
the right conferred by this Division on a spouse of the intestate in respect of the dwelling house is not exercisable by the spouse unless the court so orders, 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 house) in the intestate estate; or
	(f)	make those assets more difficult to dispose of.
49L 	Personal representative not to sell or dispose of interest without consent
(1) 	A personal representative of an intestate is not authorised to sell or otherwise dispose of the interest of the intestate in a dwelling house in which a spouse of the intestate was residing at the date of the intestate’s death, during the period of 1 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, 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 under section 49K made by a spouse or by the personal representatives of the intestate, the court does not order that the right conferred by section 49G may be exercised by the spouse, the court may approve the disposal of the interest in the dwelling house within the period of 1 year referred to in subsection (1).
(3) 	This section does not apply where the spouse of the intestate is the sole personal representative, or 1 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.
49M 	Rule that trustee not to purchase trust property
	Where a spouse of an intestate is the sole personal representative of the intestate or 1 of 2 or more personal representatives of the intestate, the spouse may, notwithstanding that he or she is a trustee, acquire under this Division the interest of the intestate in the dwelling house in which the spouse was residing at the date of the intestate’s death.
49N 	Where surviving spouse is under a legal disability
(1) 	Where a spouse of an intestate is a person of unsound mind, a requirement or consent under this Division may be made or given on the spouse’s behalf by his or her committee (if any) or, where there is no committee, by the court.
(2) 	A requirement or consent made or given under this Division by a surviving spouse who is an infant is as valid as it would be if he or she had attained the age of 18 years.

part 3B—simultaneous deaths
49P 	Devolution of property
(1) 	Notwithstanding section 119 of the Conveyancing and Law of Property Act 1898 of the State of New South Wales in its application in the Territory, where a deceased person (in this section referred to as the beneficiary) who would, but for his or her death, have been entitled, under a will or on an intestacy, to take an interest in the estate of another deceased person (in this section referred to as the benefactor) died at the same time as the benefactor or in circumstances that give rise to uncertainty as to which of them survived the other, the property of the benefactor shall, subject to subsection (2), devolve as if the benefactor had survived the beneficiary and had died immediately after the beneficiary.
(2) 	Property owned jointly and exclusively by 2 or more persons who died at the same time or in circumstances that give rise to uncertainty as to which of them survived the other or others, not being property so owned by them as trustees, shall devolve as if, at the time of their deaths, it had been owned by them as tenants in common in equal shares.

part 3C—functions of executors and administrators 
50 	Powers of executors and administrators as to sale, mortgage or lease of real estate
(1) 	Subject to this section, an executor or an administrator 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; or
	(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; or
	(c)	lease the real estate of the deceased person in possession for any term not exceeding 3 years; or
	(d)	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 a spouse 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.
(2A) 	A condition imposed, before 1 January 1966, on the exercise by an executor of a power conferred by this section shall not operate on or after that date.
(2B) 	The registrar shall write on letters of administration issued by him or her, and on any copy of such letters of administration, a certified copy of any conditions imposed by the court under subsection (2).
(3) 	A purchaser, mortgagee, lessee or other person who for valuable consideration acquires an interest in the estate of the 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.
(4) 	Some or 1 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.
(5) 	In this section—
intestate has the same meaning as in Part 3A.
intestate estate has the same meaning as in Part 3A. 
spouse, in relation to an intestate, has the same meaning as in Part 3A.
51 	Court may make special order
	The court 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 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; and
	(b)	the letting and management thereof until sale; and
	(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.
51A 	Court may authorise postponement of realisation and carrying on of business
(1) 	The court may, where it thinks it beneficial so to do and subject to such conditions as it thinks fit to impose, authorise an executor or administrator—
	(a)	to postpone, for such period as the court thinks fit, the realisation 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 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.
52 	Court may order partition in a summary way 
(1) 	Where, upon any such inquiry, the court is satisfied that a partition of the real estate, or any part thereof, will be advantageous to the parties interested, the court may appoint 1 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 allotted to the party, 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 land allotted to the party.
(3) 	In the case of land subject to the provisions of the Real Property Act 1900 of the State of New South Wales or the Land Titles Act 1925 each party shall be entitled to the issue of a certificate of title for the land allotted to the party.
(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 Real Property Act 1900 of the State of New South Wales or the Land Titles Act 1925, the certificate of title shall issue, subject to the charge, unless the charge is satisfied.
53 	Personal representative not required to continue to act against own consent
	A personal representative shall not be required against his or her 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.
54 	In suits executor or administrator to represent real estate
	In all suits concerning the real estate of a deceased person, the executor to whom probate has been granted or administrator shall represent the real estate so long as it remains vested in the executor or administrator, and the persons interested, in the same manner and to the same extent as, in suits concerning personal estate, the executor or administrator represents the estate and the persons interested.
55 	All debts to stand in equal degree
(1) 	In the administration of the estate of every person dying after 21 October 1929, 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 any person dying before or after the commencement of this Act, 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 a debt.
(4) 	Nothing in this Act shall affect the provisions of any law protecting life assurance or other policies against creditors.
55A 	Interest on legacies
(1) 	Subject to subsection (2), where interest is payable on a legacy in accordance with the will under which the legacy is payable or in accordance with any enactment or rule of law, that interest shall, unless the will otherwise provides, or the court otherwise orders, be payable at such rate as is determined by the Minister for the purposes of this subsection.
(2) 	Where an executor or administrator, in accordance with any power conferred on him or her by a will under which a legacy (not being an annuity) is payable, appropriates any property in or towards satisfaction of the legacy, the legatee shall be entitled to the income from the property so appropriated, and interest shall not be payable out of any other part of the estate on so much of the legacy as has been satisfied by the appropriation.
(3) 	A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
56 	Executor may sign acknowledgment in lieu of conveyance
(1) 	When any real estate not under the Real Property Act 1900 of the State of New South Wales or the Land Titles Act 1925 is devised to any person by a will duly proved under the provisions of this Act, the executor of the will or the administrator with the will annexed may, as the executor or administrator, instead of executing a conveyance to that person, sign an acknowledgment, in the prescribed form, that the devisee is entitled to that real estate for the estate for which it is devised to him or her.
(2) 	The acknowledgment may be registered under the law in force regulating the registration of deeds, and upon registration thereof the real estate shall vest in the devisee for the estate for which it is devised to him or her in the same way, and subject to the same trusts and liabilities, as if the executor or administrator had executed a conveyance thereof.
57 	Summary application for legacy etc
	If the executor or administrator, after request in writing, neglects or refuses to—
	(a)	sign that acknowledgment; or
	(b)	execute a conveyance of land devised to the devisee; or
	(c)	pay or hand over to the person entitled any legacy or residuary bequest;
the devisee or person may apply to the court, calling upon the executor or administrator to show cause why he or she should not comply with the request, and the court may make such order in the matter as it thinks fit.
58 	Filing and passing accounts
(1) 	If a person to whom representation is granted is required to do so by the rules or by an order of the court, the person—
	(a)	shall file an inventory of the estate of the deceased; and
	(b)	shall—
	(i)	file; or
	(ii)	file and pass;
the person’s accounts relating to the estate;
within such time, and from time to time, and in such manner as is prescribed or as the court orders.
(2) 	Every such person shall be subject to any special order that the court, on the motion of any person interested, makes as to the production and verification of his or her accounts.
(3) 	The order of the court allowing any such account shall be prima facie evidence of its correctness, and shall, after the expiration of 3 years from the date of the order, operate as a release to the person filing it, excepting so far as it is shown by some person interested that an error or omission or fraudulent entry has been made in the account.
58A 	Passing and allowance of the accounts of executors and administrators
	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.
59 	If accounts not exhibited registrar to summon administrator before court, which may inflict penalty
(1) 	In case any such executor or administrator neglects, for 1 month after the expiration of the period fixed, to file that inventory, or to file, to file and pass or to pass those accounts, the registrar shall cause the executor or administrator to be notified of the neglect.
(2) 	In case of further neglect for a period of 1 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 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 by the court, file the inventory or file, file and pass or pass the accounts, as the case may be, in the prescribed manner, the executor or administrator shall be liable to attachment in accordance with the practice of the court.
60 	Proceedings under section 59 not to prejudice proceedings on bond
	Proceedings being taken under section 59 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.
61 	Court may make order as to disposal of moneys in hands of executor etc
(1) 	The court may make such order as it thinks fit with reference to the distribution or application of any moneys which the executor or administrator 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.
62 	Payments under revoked probates or administrations valid
	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.
63 	Persons etc making payments upon probate granted for estate of deceased person to be indemnified
	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.
64 	Distribution of assets
(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, having regard to the claims of which the executor or administrator has then notice.
(1A) 	An executor or administrator shall not distribute the assets of the testator or intestate, or any part of them, unless he or she has—
	(a)	applied under the Births, Deaths and Marriages Registration Act 1997 for a search of the Register for information about the parents or any children—
	(i)	of the deceased; or
	(ii)	of any other person known by the executor or administrator to be relevant to the distribution of the assets; and
	(b)	taken into account any relevant information, documents or certified copies of, or extracts from, documents obtained from the Registrar‑General as a result of the search.
(2) 	Where an executor or administrator has complied with subsection (1A), he or she 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.
65 	Claims barred against executor or administrator in certain cases
(1) 	Where an executor or administrator has given notices under section 64 and a claim against the estate is sent to him or her, the executor or administrator may serve a notice on the claimant calling the claimant to take proceedings to enforce the 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 the 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.
66 	Distribution of estate by executors and administrators
(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 any such 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); and
	(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; 
the executor or administrator may distribute the estate of the testator or intestate remaining in his or her hands amongst the parties entitled respectively, without appropriating any part or any further part thereof, as the case may be, to meet any future liability under any such 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 any such lease, or agreement for a lease.
(3) 	In this section—
assignment includes an acknowledgment within the meaning of section 56.
lease includes an underlease.
67 	Right to follow assets
	Nothing in section 64, 65 or 66 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.
68 	Executors may compound etc
	An executor or administrator may—
	(a)	pay any debts or claims upon any evidence that he or she thinks sufficient; or
	(b)	accept any composition, or any security, real or personal, for any debts due to the deceased; or
	(c)	allow any time for the payment of any such debts as he or she thinks fit; or
	(d)	compromise, compound, or submit to arbitration, all debts, accounts, claims, and things whatsoever relating to the estate of the deceased; and
	(e)	for any of the purposes mentioned in this section, enter into, give, and execute such agreements, instruments of composition, releases, and other things as he or she thinks expedient, without being responsible for any loss occasioned thereby.
69 	Every executor etc to be deemed resident in the Territory
(1) 	Every executor or administrator—
	(a)	named in any probate or letters of administration granted by any court of competent jurisdiction in any portion of a Commonwealth country and making application under 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) 	If an executor or administrator is not actually resident in the Territory, he or she shall lodge with the registrar for filing an address for service within 20 kilometres of the registrar’s office before the issue or sealing of any probate or administration.
(3) 	Any document served on an executor or administrator referred to in subsection (2) at the address referred to in that subsection is to be taken to have been served personally on the executor or administrator.
70 	Executors etc may be allowed commission
(1) 	Subject to subsection (1A), the court or the registrar may allow out of the assets of any deceased person to his or her executor, administrator or trustee, in passing his or her accounts, such commission or percentage for his or her services as is just.
(1A) 	A commission or percentage allowed by the registrar pursuant to subsection (1) shall not exceed 5%.
(2) 	No such allowance shall be made to any executor, administrator or trustee who neglects or omits, without a special order of the court, to pass his or her accounts pursuant to any general or special rule or order of the court.
71 	Limits of professional charges for obtaining probate etc
(1) 	Subject to this section, where the gross value of an estate does not exceed $20,000, the costs to be allowed out of the estate to a solicitor for professional services rendered in connection 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

(1A) 	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 connection 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.
(2) 	The amounts specified in subsections (1) and (1A) do not include necessary disbursements, or the charges for preparing and passing the statement for duty or the payment of duty, which amounts shall be allowed and paid out of the estate.
(3) 	Where the net value of the estate exceeds $4,000, a solicitor may deliver a bill of costs to the executor or administrator and cause it to be submitted for taxation and the amount of the bill when so taxed and no more shall be allowed and paid out of the estate.
(4) 	Where the net value of the estate does not exceed $4,000, the court may, in any case where the work has been of exceptional length or difficulty, grant leave to the solicitor to submit his or her bill of costs for taxation, and the amount of the bill when so taxed and no more shall be allowed and paid out of the estate.
(5) 	An application for leave under subsection (4) shall be supported by an affidavit setting forth the exceptional circumstances upon which the applicant relies.
(6) 	Where a bill of costs is taxed under subsection (3) or (4) and the amount of the bill (exclusive of the costs of submitting it for taxation and of amounts referred to in subsection (2)) does not, after taxation, exceed the amount which would otherwise have been payable under subsection (1), the costs of submitting the bill for taxation shall be paid by the solicitor.
73 	Bill to be taxed by taxing officer
	A taxing officer of the court shall tax and settle all bills of costs submitted for taxation in pursuance of section 71.
74 	Taxing rules to apply
	The rules of the court for the time being in force relating to the taxation of bills of costs shall, so far as practicable, apply to bills of costs so taxed and settled by a taxing officer.

part 3D—liability of certain persons in relation to deceased estates
Note  The provisions of this Part were relocated from Schedule 2 to the Imperial Acts (Substituted Provisions) Act 1986.  (For the effect of a relocation, see Interpretation Act 1967, s 49.)  The 1986 Act substituted provisions for certain UK Acts that applied (or may have applied) in the Territory and repealed those Acts.  Subsection 4 (1) of the 1986 Act provided, in effect, that the rules of law about the interpretation of consolidating Acts apply to the interpretation of the provisions of a law set out in Schedule 2.  These rules of law continue to apply to this Part (see Interpretation Act 1967, s 49 (3)).
74A	Fraudulently obtaining or retaining property
	A person—
	(a)	who—
	(i)	by obtaining, receiving or holding any real or personal property forming part of the estate of a deceased person; or
	(ii)	by effecting the release of a debt or liability due to the estate of a deceased person;
		defrauds any creditor of the estate of the deceased person; or
	(b)	who, without full valuable consideration—
	(i)	obtains, receives or holds any real or personal property forming part of the estate of a deceased person; or
	(ii)	effects the release of a debt or liability due to the estate of a deceased person;
is liable and chargeable as an executor in his or her own wrong to the extent of the real and personal property forming part of the estate of the deceased person that the person receives, or that comes into his or her hands, less—
	(c)	the amount of any debt incurred for valuable consideration and without fraud that was due to the person from the deceased person at the time of his or her death; and
(d)	the amount of any payment made by the person which might have been properly made by the personal representative of the deceased person.
Note  The provisions of this section were substituted for 43 Eliz. 1 c 8 (1601).
74B	Persons liable for waste of deceased estate
	Where a person (the relevant person) has, as the personal representative of a deceased person or as the executor in his or her own wrong of the will of a deceased person, wasted or converted to his or her own use any part of the estate of the deceased person, then, upon the death of the relevant person, the personal representative of the relevant person is, to the extent of the available assets of the relevant person, liable and chargeable in respect of that waste or conversion in the same manner as the relevant person would have been if the relevant person has not died.
Note  The provisions of this section were substituted for 30 Chas. 2 c 7 (1678) and 4 Will. and Mary c 24, s 12 (1692).

Part 4—Small Estates
75 	Application to registrar for probate or administration
	In all cases where a person dies leaving property not exceeding $100,000 in value, application for representation may be made direct to the registrar.
76 	Duties of registrar
(1) 	The registrar shall, upon being satisfied as to—
	(a)	the identity of the applicant;
	(b)	the right of the applicant to administer the estate of the deceased; and
	(c)	the value of the estate;
furnish the applicant 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)	swear the applicant and every deponent; and
	(b)	attest the execution of the administration bond.
77 	Issue of probate or administration in the name of the court
(1) 	The registrar shall, upon being satisfied—
	(a)	with the sufficiency of the evidence in support of the application; and
	(b)	that the estate does not exceed $100,000 in value; and
	(c)	that no caveat has been entered against the application; and
	(d)	that no will has been deposited with the registrar;
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.
78 	Matters as to which registrar not satisfied
	In any case where the registrar is not satisfied as to the matters mentioned in section 77, the registrar shall state, to the applicant, the matters in respect of which he or she is not satisfied.
79 	Obligation of registrar
	In no case shall the registrar be under any obligation by reason of this Part to deal with any application which the registrar may think proper to be dealt with by the court, or to be placed in the hands of a legal practitioner.

Part 5—Recognition Of Foreign Grants
80 	Reseal of grant made in certain countries
(1) 	Where a court of competent jurisdiction in a State or Territory of the Commonwealth or in a Commonwealth country has, whether before or after the commencement of this section, granted probate of a will, administration of an estate or an order to collect and administer an estate, the person who is—
	(a)	in the case of a 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)	in the case of 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; or
	(c)	in the case of an order to collect and administer an estate—a public trustee in the country or part of a country to whom the order was granted;
may, upon producing the probate, administration or order to the registrar and depositing a copy of it with the registrar, apply to the registrar to have it sealed with the seal of the court, and the registrar may seal it accordingly.
(1A) 	The registrar shall not, without an order of the court, seal a probate or administration under this section if a caveat against the sealing of the probate or administration has been lodged with the registrar.
(1B) 	The registrar may, at any time, refer an application under this section to the court and, where an application is so referred, the probate, administration or order to collect and administer an estate to which the application relates shall not be sealed except in accordance with an order of the court.
(2) 	Where a probate or administration is sealed under subsection (1)—
	(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 person who made the application under subsection (1) shall 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 he or she was the person to whom the probate or administration had been so granted.
(3) 	Where an order to collect and administer an estate is sealed under subsection (1), the person who made application for the sealing of the order has the same duties and is subject to the same liabilities as if he or she was the public trustee and the order was an order to collect and administer the estate granted to the public trustee under section 88.
(4) 	The court may, before or after sealing a probate, administration or order to collect and administer an estate under subsection (1), require the applicant to give security for the proper administration of the estate to which it relates.
(5) 	In this section, a reference to an order to collect and administer an estate shall be read as including a reference to an exemplification of such an order.
81 	Caveat
	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.
82 	Seal not to be affixed until duty is paid etc
(1) 	The seal of the court shall not be affixed to any such probate or administration until all such probate, stamp, and any other duties (excluding estate duty) have been paid as would have been payable if the probate or administration had been originally granted by the court.
(2) 	Subject to subsection (3), 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 notice of the intention to apply in that behalf has been published once in a newspaper published and circulating in the Territory 14 days before the making of the affidavit, and that no caveat has been lodged in respect thereof.
83 	Inclusion of orders to collect and Scotch confirmation
	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.

Part 6—Public Trustee
87B 	Estates to the value of $10,000 or less
(1) 	In a case where the public trustee is satisfied—
	(a)	that the net value of the estate of a deceased person does not exceed $20,000; and
	(b)	that application has not been made for a grant of probate of the will, or administration of the estate, of the deceased person;
the public trustee may administer the estate of the deceased person, and for that purpose may call in the estate of the deceased person, sell and convert into money such part of that estate as does not consist of money, pay any debts and liabilities of or relating to the deceased person, being debts and liabilities of which he or she has notice, and deal with the balance (if any) of that estate as if probate of the will or administration of the estate of the deceased person had been granted to him or her by the court.
(2) 	Where the public trustee administers the estate of a deceased person under subsection (1) and a balance remains after he or she has dealt with the estate in accordance with that subsection, the public trustee shall deal with the balance of the estate in the following manner:
	(a)	if the public trustee is of the opinion that the person died testate—as if probate of the last will of the person had been granted to him or her by the court;
	(b)	in any other case—as if administration of the estate had been granted to him or her by the court.
(3) 	The public trustee shall not administer an estate under subsection (1) unless notice of intention to do so has been given by advertisement or otherwise, in such manner and form as the public trustee thinks fit.
(4) 	Where the public trustee is in, or comes into, possession of a will of a deceased person whose estate is being administered or has been administered under subsection (1), the public trustee shall deposit the will with the registrar.
87C 	Election to administer estate
(1) 	The public trustee may file in the office of the registrar an election, under the hand of the public trustee, to administer the estate of a deceased person if—
	(a)	the person left property within the Territory; and
	(b)	the gross value of that property does not, in the opinion of the public trustee, exceed $100,000; and
	(c)	probate of the will, or administration of the estate, of the person has not been granted by the court to any person; and
	(d)	the public trustee is entitled under section 88 to apply for an order to collect and administer the estate of the person.
(2) 	An election under subsection (1) in respect of the estate of a deceased person shall contain—
	(a)	particulars of the name of the deceased person; and
	(b)	such particulars of the place of residence, and the occupation, of the deceased person at the time of death as are known to the public trustee; and
	(c)	such particulars of the date of death, and the property forming part of the estate, of the deceased person as are known to the public trustee.
(3) 	Where, in the opinion of the public trustee, a deceased person died testate, an election shall have the will of the person annexed to it and shall state that the will was, in the opinion of the public trustee, duly executed by the person.
(4) 	Where the public trustee has filed an election, the estate of the person vests in the public trustee, and the public trustee has the powers and duties that he or she would have had if the court had, under section 88, granted to the public trustee an order to collect and administer the estate of the person.
(5) 	The public trustee shall cause notice of each election filed under this section to be published in a newspaper published and circulating in the Territory, and publication of a notice accordingly in respect of an estate is conclusive evidence that the public trustee is entitled to administer the estate of the deceased person.
(6) 	If, after the public trustee has filed an election—
	(a)	in a case where the will of the deceased person was annexed to the election—a later will; or
	(b)	in any other case—a will;
of the deceased person comes into the possession of the public trustee, the public trustee shall, forthwith, file in the office of the registrar a notice, under his or her hand, containing particulars of that will.
(7) 	Where the public trustee files a notice under subsection (6), the election shall be deemed to have been revoked and the public trustee ceases to have the powers and duties conferred by this section in relation to the estate.
(8) 	Where, after the public trustee has filed an election in respect of the estate of a deceased person, the gross value of the estate is found to exceed $100,000, the public trustee shall, forthwith, file in the office of the registrar a notice, under his or her hand, certifying that the value of the estate exceeds that amount.
(9) 	Where the public trustee files a notice under subsection (8), the election shall be deemed to have been revoked and the public trustee ceases to have the powers and duties conferred by this section in relation to the estate.
(10) 	The filing of a notice under subsection (6) or (8) in relation to the estate of a deceased person does not prevent the public trustee from applying, under section 88, for an order to collect and administer that estate.
(11) 	Where the public trustee has filed a notice under subsection (6) or (8) in relation to the estate of a deceased person, the provisions of section 32B apply as if the filing of an election under this section was the grant of probate of the will, or administration of the estate, of the deceased person and the filing of the notice was the revocation of that grant.
88 	Orders to public trustee to collect and administer
(1) 	The court may, on the application of the public trustee, grant to the public trustee an order to collect and administer the estate of any deceased person leaving real or personal estate within the jurisdiction in any of the following cases:
	(a)	where the deceased leaves no executor, spouse or next of kin, resident within the jurisdiction, willing and capable of acting in execution of his or her will or administration of his or her estate;
	(b)	where the executors named renounce probate of the will of the deceased, and all the persons primarily entitled to administration by writing filed with the registrar decline to apply for administration;
	(c)	where probate or administration is not applied for within 3 months after the death of the deceased;
	(d)	where, after the expiration of 30 days from the death there is no reasonable probability of application being made within that period of 3 months;
	(e)	where the estate or any portion thereof is liable to waste and the executor, any spouse or the next of kin—
	(i)	is absent from the locality of the estate; or
	(ii)	is not known; or
	(iii)	has not been found; or
	(iv)	requests the public trustee in writing to apply for the order;
	(f)	where the estate, or any portion thereof, is—
	(i)	of a perishable nature; or
	(ii)	in danger of being lost or destroyed;
	(g)	where great expense may be incurred by reason of delay;
	(h)	where by the will of the deceased the Curator of Estates of Deceased Persons or the public trustee is appointed to act.
(2) 	The court may in any case require the public trustee to—
	(a)	give such notices; or
	(b)	cite such person; or
	(c)	produce such evidence;
as it thinks fit before granting the order applied for, or may make a temporary order for collection and protection only or limited to a portion of the estate or otherwise.
(3)	The registrar may, on the application of the public trustee, supported by affidavits upon which the court would, in the opinion of the registrar, grant to the public trustee an order to collect and administer the estate of a deceased person, grant such an order as of course in the name and under the seal of the court, and every such order shall be deemed to have been made by the court.
(4)	In any application under subsection (3) the registrar may make any requirement which the court could, pursuant to subsection (2), make upon an application to the court, and may make a temporary or limited order of the kind referred to in subsection (2).
(5)	The registrar shall not grant an order to the public trustee to collect and administer the estate of a deceased person in any case in which it appears to him or her to be doubtful whether the order ought to be granted.
(6)	In this section—
spouse, in relation to a deceased person, has the same meaning as it has in Part 3A in relation to an intestate.
89	Effect of order
(1)	Where an order to collect and administer the estate of any deceased person is granted, the public trustee shall have the same powers, rights, and obligations in respect of the estate, except as otherwise expressly provided, as the public trustee would have had if administration had been granted to him or her, and the estate of the deceased shall vest in the public trustee.
(1A)	Where the court grants an order to collect and administer the estate of a deceased person after having been satisfied that the deceased made a valid will that had not been revoked before death—
	(a)	a copy of that will shall be annexed to the order; and
	(b)	the public trustee has, subject to this Part, the same rights and duties with respect to the estate of the person as the public trustee would have if administration with the will annexed of the estate of the deceased person had been granted to the public trustee.
(2) 	All laws for the time being in force with reference to the administration of the estates of deceased persons shall apply to the administration of estates by the public trustee.
90	Grant of probate or administration notwithstanding appointment of public trustee
(1)	Notwithstanding that—
	(a)	the public trustee is administering the estate of a deceased person under section 87B; or
	(b)	the public trustee has filed an election to administer the estate of a deceased person under section 87C; or
	(c)	the public trustee has been granted an order to collect and administer the estate of a deceased person under section 88;
the court may grant probate of the will, or administration of the estate, of the deceased person to an appropriate person upon such conditions as it thinks fit.
(2)	No application for any such grant shall be made until 7 days after notice in writing of the intention to apply for the grant has been left at the office of the public trustee.
91	Cessation of rights and liabilities of public trustee
(1)	Immediately on the grant of any such probate or administration, all the interest, powers, rights, and duties of the public trustee (except such rights as are conferred by this section) in regard to the estate of the deceased person whose estate is affected by the grant, and all liabilities of the public trustee under any contract or agreement entered into in relation to the estate, or any part thereof, shall cease.
(2) 	Such portion of the estate of the deceased as is left unadministered by the public trustee, and all rights and obligations of the public trustee in respect thereof, shall vest in the executor or administrator obtaining the probate or administration.
(3) 	Nothing herein contained shall interfere with the allowance and payment of—
	(a)	all money due for the commission of the public trustee; and
	(b)	the necessary outlay, disbursements, costs, charges, and expenses in relation to the estate, including all costs in relation to appearing on the application for the probate or administration.
(4) 	Nothing in this section shall relieve the public trustee from any liability in respect of the management of the estate up to the time of granting the probate or administration.
92 	Order to public trustee to collect and administer in special circumstances
(1) 	Whenever it is made to appear to the court that there is reasonable ground to suppose that any person has died, either in or out of the jurisdiction of the court, intestate, leaving property within the jurisdiction, the court may order and empower the public trustee to collect and administer the estate, both real and personal, of that person.
(2) 	Every such order shall be valid until revoked, and shall empower the public trustee to—
	(a)	collect, manage, and administer the personal estate of the supposed deceased person; and
	(b)	enter upon and receive the rents and profits and otherwise manage the real estate; and
	(c)	pay and discharge the debts and liabilities of that person;
in like manner as if he or she were certainly dead and the public trustee had obtained an order to collect and administer the estate of the person under section 88.
(3) 	The public trustee shall not proceed to any distribution of the assets without an order of the court specially authorising the public trustee to make the distribution.
93 	Notice of order to be published
	Within 1 month after any order to collect and administer has been granted, the public trustee shall, unless the court otherwise orders, cause notice of the fact that the order has been granted to be published twice in some newspaper circulating in or near to the Territory.
95 	Court orders against public trustee
(1) 	This section applies where—
	(a)	the public trustee has the responsibility of collecting and administering a deceased estate; and
	(b)	the public trustee or the Curator of Estates of Deceased Persons has—
	(i)	neglected or refused to do any act in relation to the administration of the estate; or
	(ii)	acted, or threatened to act, in breach of his or her duty in relation to the administration of the estate.
(2) 	Where this section applies, a person interested in an estate referred to in subsection (1) may apply to the court on affidavit—
	(a)	for an order calling on the public trustee to show cause before the court, within 2 days after the date of service of the order, why the public trustee should act, or fail to act, in the manner complained of; or
	(b)	for an interim injunction.
(3) 	On application under subsection (2), the court may grant an order or interim injunction subject to such conditions as to giving security for costs as the court thinks fit.
96 	Applications how heard
(1) 	Upon the hearing of any such complaint the court may receive proof of the matters in relation thereto orally or by affidavit, and may make such order as the circumstances of the case require, and as to payment of costs—
	(a)	by the complainant; or
	(b)	by the public trustee; or
	(c)	from the estate administered by the public trustee;
as, in its discretion, seems just.
(2) 	Any such orders shall have the same effect and be enforceable by the same process as if made by the court in a suit between the parties to the complaint.
97 	Public trustee to act as court directs
	In all cases where an order to collect and administer is made under this Part, the court may, on the application of the public trustee or any person interested in the estate, make such orders touching the collection, sale, investment, and disposal of the estate as the court thinks fit.
97A 	Public trustee may obtain directions of court
(1) 	The public trustee may, ex parte, take the opinion or obtain the direction of the court upon any question, whether of law or of fact, arising under this Part, or in the course of his or her duties.
(2) 	Any such question shall be submitted to the court in such manner and at such time as it directs, and shall be accompanied by such statement of facts, documents and other information as it requires and the public trustee shall, if the court so desires, attend upon it at such time and place as it appoints.
(3) 	The court may, before giving its opinion or direction, require the attendance of, or communication with, any person interested in the estate to which the question relates, but no person shall have a right to be heard unless the court otherwise directs.
(4) 	The court shall give its opinion or direction to the public trustee, and the public trustee shall act in accordance therewith and shall, upon the request of any person interested in the estate, communicate to the person the effect of the opinion or direction.
98 	Mode of proceeding under this Act
(1) 	In every case in which the estate of any deceased person is administered by the public trustee under this Part—
	(a)	all disputes and matters touching the collection, management, or administration of the estate; and
	(b)	all claims and demands thereon;
shall, subject to subsection (2), be decided by the court.
(2) 	In any case in which it appears to be not desirable that the matter in question should be so decided, the court may direct such proceedings to be instituted as appear proper for the due decision thereof.
101 	Accounts to be kept etc
	The public trustee shall—
	(a)	make or cause to be made an inventory or list of all the estates of the persons which the public trustee has been ordered to collect and administer and retain it in his or her office; and
	(c)	retain all letters received, and copies of all letters written by the public trustee, and all deeds, papers, and writings of and relating to those estates.
102 	Receipt of public trustee sufficient discharge
	The receipt in writing of the public trustee for any moneys payable to the public trustee under this Part shall be a sufficient discharge for the moneys to the persons paying them, and those persons shall not afterwards be liable for any misapplication of the moneys.

Part 8—Procedure
121 	Mode of taking evidence
(1) 	Subject to the rules, the witnesses, and, where necessary, the parties in all matters where their attendance can be had, shall be examined orally in open court, whether the trial or proceeding be with or without a jury.
(2) 	By leave of the court in every case the parties may verify their respective cases in whole or in part by affidavit.
(3) 	The deponent in every such affidavit shall be subject to be cross-examined by or on behalf of the opposite party orally in open court, and upon that cross-examination may be re-examined orally in open court by or on behalf of the party using the affidavit.
124 	Order to produce an instrument purporting to be testamentary
(1) 	The court may, whether any suit or other 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 registry 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 the person 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 the person 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.
(4) 	The costs of any such motion, petition, or other proceeding shall be in the discretion of the court.

Part 9—Miscellaneous
125 	Registrar to keep record of probates etc
(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
	(aa)	all elections and orders to collect; and
	(b)	the filing, passing, and allowance of the accounts of all executors and administrators; and
	(c)	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 sworn value of the estates; and
	(f)	the dates of the filing, passing, allowance of, and special orders with reference to, the accounts.
125A 	Proved wills and other documents to be held by court
	An original will—
	(a)	which is brought into the court; or
	(b)	probate of which is granted under this Act; or
	(c)	a copy of which is annexed to administration granted under this Act; or
	(d)	which is deposited with the registrar under section 87B; or
	(e)	a copy of which is annexed to an election filed under section 87C; or
	(f)	a copy of which is annexed to an order to collect and administer an estate granted under section 88;
and such other documents as the court directs shall be deposited and preserved at the office of the court and may, subject to the rules, be inspected there.
125B 	Official certificate or copy of grants and wills obtainable
	A person may, on payment of the fee (if any) determined under subsection 37 (1) of the Supreme Court Act 1933, 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.
126 	Costs
	In all matters under this Act the question of costs and how they shall be paid shall be in the discretion of the court.
127 	Person fraudulently disposing of will liable for damages
	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.
128 	Application of amendments made by Administration and Probate (Amendment) Act 1996
	The following provisions as amended or inserted by the Administration and Probate (Amendment) Act 1996 (and any other consequential amendments made by the Schedule to that Act) apply only in relation to the distribution of the estates of people who die on or after 1 May 1996:
	(a)	section 12;
	(b)	section 22;
	(c)	heading to Part 3A;
	(d)	heading to Division 1 of Part 3A;
	(e)	section 44;
	(f)	heading to Division 2 of Part 3A;
	(g)	section 45A;
	(h)	section 49BA;
	(i)	paragraphs 49D (3) (a) and (b);
	(j)	heading to Division 3 of Part 3A;
	(k)	headings to Parts 3B and 3C;
	(l)	section 65;
	(m)	section 69;
	(n)	section 95;
	(o)	Schedule 6.

	SCHEDULE 4	(see s 41C) 
PART—1 Order of application of assets where the estate is solvent
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.
PART 2—RULES AS TO PAYMENT OF DEBTS AND LIABILITIES WHEN THE ESTATE IS INSOLVENT
1.  The funeral, testamentary and administration expenses have priority.
2.  Subject to rule 1, 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.

	SCHEDULE 6		(See s 49)
Distribution Of Intestate Estate Upon Intestacy
Part 1—Manner Of Distribution Where Intestate Is Survived By A Spouse
Item	Circumstances	Manner in which the intestate estate 
of the intestate is to be distributed	
1.	where the intestate is not survived by issue	The spouse is entitled to the whole of the intestate estate.	
2.	where the intestate is survived by issue	1.  Where the value of the intestate estate does not exceed $150,000, the spouse is entitled to the whole of the intestate estate.
2.  Where the value of the intestate estate exceeds $150,000, the spouse is entitled to be paid out of the intestate estate—
(a)  $150,000;
(b)  interest on that sum, calculated at the rate of 8% per annum from the date of the death of the intestate to the date on which that sum is paid or appropriated to the spouse (inclusive); and
(c)  an additional sum equal to—
(i)  if 1 child or the issue of 1 child of the intestate survives the intestate but no other issue of the intestate survives the intestate—1/2 of the value of the balance of the intestate estate; or
(ii)  in any other case—1/3 of the value of the balance of the intestate estate.
3. 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 this item.	

PART 2—Manner of Distribution where Intestate is not Survived by a Spouse
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 49C.	
4	where the intestate is not survived by issue, by a parent or by next of kin.	The Territory is entitled to the intestate estate.	

ENDNOTES
1	About this republication
This is a republication of the Administration and Probate Act 1929 as in force on 
21 December 2000.  It includes all amendments made to the Act up to Act 2000 No 80.
Amending and modifying laws are annotated in the table of legislation and table of amendments.  However, any current modifications are not included in the republished Act but are set out in the endnotes.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of a republication appears on its cover and is indicated by its republication number.
A republication number without a letter (eg 1, 2, 3 etc) indicates that the republication is an authorised printed republication.  A number with a letter (eg 1A, 1B, 1C etc) indicates that the republication is an unauthorised electronic republication.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished Act
The Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth  provided for the conversion of certain Commonwealth laws to Territory enactments after self-government. The Administration and Probate Act 1929 became a Territory enactment on 1 July 1992.
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4 Table of legislation
Part 1—Legislation before self-government
Act†	Year and number†	Gazette
notification	Commencement	Transitional 
provisions	

Administration and Probate Ordinance 1929	1929 No 18	10 Oct 1929	21 Oct 1929		
Administration and Probate Ordinance 1930	1930 No 11	25 July 1930	25 July 1930	—	
Administration and Probate Ordinance 1932	1932 No 13	28 Apr 1932	28 Apr 1932	—	
Administration and Probate Ordinance 1933	1933 No 9	4 May 1933	4 May 1933	—	
Administration and Probate Ordinance 1934	1934 No 2	8 Feb 1934	8 Feb 1934	—	
Administration and Probate Ordinance (No. 2) 1934	1934 No 6	22 Mar 1934	22 Mar 1934	—	
Administration and Probate Ordinance 1937	1937 No 3	18 Mar 1937	18 Mar 1937	—	
Administration and Probate Ordinance (No. 2) 1937	1937 No 13	19 Aug 1937	19 Aug 1937	s 22	
Ordinances Revision Ordinance 1937	1937 No 27	23 Dec 1937	23 Dec 1937	—	
Ordinances Revision Ordinance 1938	1938 No 35	15 Dec 1938	15 Dec 1938	—	
Administration and Probate Ordinance 1943	1943 No 7	13 May 1943	13 May 1943	ss 3 and 4	
Trustee Companies Ordinance 1947	1947 No 15	18 Dec 1947	18 Dec 1947	—	
Administration and Probate Ordinance 1950	1950 No 16	21 Dec 1950	21 Dec 1950	s 2 (2)	
Administration and Probate Ordinance 1953	1953 No 5	27 Feb 1953	27 Feb 1953	s 10	
Administration and Probate Ordinance (No. 2) 1953	1954 No 2	7 Jan 1954	7 Jan 1954	s 4	
Administration and Probate Ordinance 1960	1960 No 6	9 Sept 1960	12 Sept 1960	—	
Administration and Probate Ordinance 1965	1965 No 20	21 Dec 1965	1 Jan 1966	s 59	
Administration and Probate Ordinance 1967	1967 No 9	18 May 1967	ss 1, 2, 7, 10 and 12: 18 May 1967
remainder:  1 July 1967	s 13	
	as
amended 
by
1967 No 23	

30 June 1967	

30 June 1967	

—	
Administration and Probate Ordinance 1969	1969 No 16	14 Aug 1969	1 Sept 1969 (see Gaz 1969 
p 5072)	—	
Administration and Probate Ordinance 1970	1970 No 25	2 July 1970	20 July 1970 (see Gaz 1970  p 4716)	s 3	
Administration and Probate Ordinance 1974	1974 No 27	13 Aug 1974	13 Aug 1974	—	
Administration and Probate Ordinance (No. 2) 1974	1974 No 43	18 Oct 1974	18 Oct 1974	—	
Ordinances Revision (Age of Majority) Ordinance 1974	1974 No 47	24 Oct 1974	1 Nov 1974	—	
Administration and Probate (Amendment) Ordinance 1976	1976 No 53	27 Oct 1976	1 Nov 1976	s 5	
Administration and Probate (Amendment) Ordinance 1980	1980 No 8	26 Mar 1980	1 Apr 1980 (see Gaz 1980 No S66)	—	
Administration and Probate (Amendment) Ordinance 1984	1984 No 67	5 Dec 1984	5 Dec 1984	s 3	
Public Trustee (Miscellaneous Amendments) Ordinance 1985	1985 No 9	8 Mar 1985	28 Oct 1985 (see Gaz 1985 No G42 p 3902)	ss 20-24	
Administrative Arrangements (Consequential Amendments) Ordinance 1988	1988 No 17	22 Apr 1988	2 Apr 1988	s 4	
Administration and Probate (Amendment) Ordinance 1988	1988 No 34	6 July 1988	6 July 1988	—	
Administration and Probate (Amendment) Ordinance 1989	1989 No 17	22 Mar 1989	22 Mar 1989	s 6	
Administration and Probate (Amendment) Ordinance (No. 2) 1989	1989 No 19	22 Mar 1989	24 Mar 1989 (see Gaz 1989 No S101)	s 7	
Self-Government (Consequential Amendments) Ordinance 1989	1989 No 38	10 May 1989	ss 1 and 2: 10 May 1989
remainder: 11 May 1989 (see
 s 2 (2) and Gaz 1989 No S164)
	—	

Part 2—Legislation after self-government
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Administration and Probate (Amendment) Act 1991	1991 No  20	10 May 1991	10 May 1991	—	
Administration and Probate (Amendment) Act (No. 2) 1991	1991 No  69	7 Nov 1991	7 Nov 1991	—	
Registrar-General (Consequential Provisions) Act 1993	1993 No 64	6 Sept 1993	ss 1 and 2:  6 Sept 1993
remainder:  1 Oct 1993 (see 
s 2 (2) and Gaz 1993 No S207	pt III 
(ss 6-13)	
Supreme Court (Amendment) Act (No. 2) 1993	1993 No  91	17 Dec 1993	17 Dec 1993	—	
Statutory Offices (Miscellaneous Provisions) Act 1994	1994 No  97	15 Dec 1994	ss 1 and 2:  15 Dec 1994
remainder:  15 Dec 1994 (see Gaz 1994 No S293)	pt III 
(ss 4-9)	
Land Titles (Consequential Amendments) Act 1995	1995 No 54	20 Dec 1995	20 June 1996
(see  s 2 )	—	
Administration and Probate (Amendment) Act 1996	1996 No 15	1 May 1996	1 May 1996	s 4	
Legal Practitioners (Consequential Amendments) Act 1997	1997 No  96	1 Dec 1997	ss 1 and 2:  1 Dec 1997
remainder:  1 June 1998 (see s 2 (2))	—	
Birth (Equality of Status) (Amendment) Act 1998	1998 No 42	14 Oct 1998	ss 1-3:  14 Oct 1998
remainder:  14 Apr 1999	—	
Law Reform (Miscellaneous Provisions) Act 1999	1999 No 66	10 Nov 1999	10 Nov 1999	—	
Statute Law Amendment Act 2000	2000 No 80	21 Dec 2000	21 Dec 2000	—	

5 Table of amendments

Provision	How affected†

s 3	am No 11, 1930
	om 1999 No 66 s 6 sch 3
s 4	am No 5, 1953
	sub No 20, 1965
	am No 9, 1967; No 16, 1969; No 25, 1970
	om No 53, 1976
s 5	am No 11, 1930; No 13, 1932; Nos 2 and 6, 1934; No 13, 1937; No 20, 1965; No 9, 1967; No 16, 1969; No 67, 1984; No 9, 1985; No 34, 1988; No 64, 1993; No 97, 1994; No 15, 1996; 1999 No 66 s 6
sch 3
s  6	om No 9, 1985

s 7	am No 11, 1930
	sub No 20, 1965
	am Nos 17 and 34, 1988
	sub No 97, 1994
s 7A	ins No 20, 1965
	am No 34, 1988
	sub No 97, 1994
s 7B	ins No 20, 1965
	am Nos 17 and 34, 1988; No 97, 1994
s 8	am No 11, 1930
	sub No 20, 1965
	om No 9, 1985
ss 8A, 8B	ins No 20, 1965
	om No 9, 1985
s 8C	ins No 25, 1970
	am No 67, 1984; No 9, 1985 No 15, 1996; 1999 No 66 s 6 sch 3
s 9	am No 20, 1965
s 9A	ins No 20, 1965
s 9B	ins No 20, 1965
	am No 16, 1969; No 15, 1996
s 10	am No 20, 1965; No 67, 1984; No 15, 1996
s 10A	ins No 11, 1930
	am No 20, 1965; No 15, 1996
s 10B	ins No 20, 1965
	am No 15, 1996
s 10C	ins No 20, 1965
	sub No 9, 1985
s 12	am No 47, 1974
	sub No 15, 1996
s 13	am No 3, 1937
	om No 15, 1947
	ins 1999 No 66 s 6 sch 3
s 14	sub No 20, 1965; No 16, 1969
	am No 67, 1984; No 9, 1985; No 15, 1996
s 15	am No 11, 1930; No 13, 1937; No 20, 1965; No 9, 1967
	om No 16, 1969
s 16	am No 20, 1965; No 9, 1967
	om No 16, 1969
s 17	am No 11, 1930; No 13, 1937; No 67, 1984; No 15, 1996
s 18	am No 11, 1930; No 13, 1937; No  67, 1984; No 9, 1985;  No 15, 1996
s 18A	ins No 20, 1965
	am No 67, 1984; No 15, 1996
s 20	am No 15, 1996
s 20A	ins No 11, 1930
	am No 15, 1996
s 21	am No 47, 1974;  No 15, 1996; 1999 No 66 s 6 sch 3

s 22	am No 20, 1965
	sub No 15, 1996
s 24	am No 15, 1996
s 25	am No 13, 1937; No 47, 1974; No 15, 1996
ss 26, 27	am No 15, 1996
s 28	am No 11, 1930; No 13, 1937; No 67, 1984
ss 29, 30	am No 15, 1996
s 31	am No 11, 1930; No 15, 1996
s 32	am No 11, 1930; No 13, 1937; No 67, 1984; No 15, 1996
s 32A	ins No 20, 1965
	am No 15, 1996
s 32B	ins No 20, 1965
	am No 16,  1969; No 64, 1993; No 54, 1995; No 15, 1996 
s 33	am No 15, 1996
s 35	am No 15, 1996
s 37A	ins No 20, 1965
s 38	am No 9, 1985; No 15, 1996
s 38A	ins No 20, 1965
	am No 9, 1985
s 39	am No 20, 1965; No 15, 1996
s 40	am No 20, 1965; No 15, 1996
s 41	am No 6, 1934; No 15, 1996
ss 41A-41D	ins No 20, 1965
	am No 15, 1996
ss 42, 43	am No 15, 1996
div 4 of pt 3 (ss 43A-43C)	ins 1999 No 66 s 6 sch 3
ss 43A-43C	ins 1999 No 66 s 6 sch 3
s 44	om No 9, 1967
s 45	am No 2, 1954; No 20, 1965
	om No 9, 1967
s 46-48	om No 9, 1967
s 49	am No 11, 1930; No 13, 1937
	om No 9, 1967
hdg to div 3A of pt 3A	om No 15, 1996
hdg to pt 3A	ins No 15, 1996
hdg to div 1 of pt 3A	ins No 15, 1996
div 3A of pt 3 	ins No 9, 1967
    (ss 44-49, 49A-49E)
s 44	ins No 9, 1967
	am No 15, 1996
hdg to div 2 of pt 3A	ins No 15, 1996
s 45	ins No 9, 1967
	am No 15, 1996
s 45A	ins No 15, 1996
s 46	ins No 9, 1967
	am No 47, 1974; No 15, 1996

s 47	ins No 9, 1967
	om No 67, 1984
s 48	ins No 67, 1984
s 49	ins No 9, 1967
	am No 67, 1984; No 15, 1996; R5 (LR  s 15 (1) (j))
s 49A	ins No 9, 1967
	am No 15, 1996
s 49AA	ins No 67, 1984
	am No 15, 1996
s 49B	ins No 9, 1967
	am No 67, 1984; No 15, 1996
s 49BA	ins No 67, 1984
	am No 15, 1986
s 49C	ins No 9, 1967
	am No 15, 1996
s 49CA	ins No 17, 1989
	am No 38, 1989
s 49D	ins No 9, 1967
	am No 67, 1984; No 15, 1996
s 49E	ins No 9, 1967
	sub No 19, 1989
	am No 42, 1998
hdg to div 3B of pt III	om No 15, 1996
hdg to div 3 of pt 3A	ins No 15, 1996
div 3B of pt 3 	ins No 9, 1967
    (ss 49F-49N)
ss 49F, 49G	ins No 9, 1967
	am Act No 15, 1996
s 49H	ins No 9, 1967
ss 49J-49M	ins No 9, 1967
	am No 15, 1996
s 49N	ins No 9, 1967
	am No 47, 1974; No 15, 1996
hdg to div 3C of pt III	om No 15, 1996
hdg to pt 3B	ins No 15, 1996
div 3C  of pt 3 (s 49P) 	ins No 67, 1984
s 49P	ins No 67, 1984
	am No 15, 1996
hdg to div 4 of pt III	om No 15, 1996
hdg to pt 3C	ins No 15, 1996
s 50	am No 20, 1965; No 9, 1967; No 64, 1993; No 15, 1996
s 51	am No 11, 1930; No 13, 1937; No 20, 1965; No 67, 1984
s 51A	ins No 6, 1934
	am No 15, 1996
s 52	am No 11, 1930; No 13, 1937; No 67, 1984; No 64, 1993; No 54, 1995; No 15, 1996
s 53	am No 11, 1930; No 13, 1937; No 67, 1984; No 15, 1996
ss 54, 55	am No 15, 1996
s 55A	ins No 69, 1991
s 56	am No 64, 1993; No 54, 1995; No 15, 1996
s 57	am No 11, 1930; No 13, 1937; No 67, 1984; No 15, 1996
s 58	am No 11, 1930; No 20, 1965; No 67, 1984; No 19, 1989; No 15, 1996
s 58A	ins No 11, 1930
	am No 9, 1933; No 20, 1965
s 59	am No 20, 1965; No 15, 1996
s 60	am No 15, 1996
s 61	am No 11, 1930; No 13, 1937; No 67, 1984; No 15, 1996
s 62	am No 11, 1930; No 20, 1965; No 15, 1996
s 64	am No 13, 1937; No 19, 1989; No 64, 1993; 1999 No 66 s 6 sch 3
s 65	am No 11, 1930; No 13, 1937; No 67, 1984; No 15, 1996
s 66	am No 11, 1930; No 15, 1996
s 67	am No 15, 1996
ss 68, 69	am No 20, 1965; No 15, 1996
hdg to div 5 of pt III	om No 15, 1996
s 70	am No 11, 1930; No 13, 1932; No 13, 1937; No 9, 1967; No 67, 1984; Act No 15, 1996
s 71	sub No 16, 1950
	am No 20, 1965; No 9, 1967; No 53, 1976; No 67, 1984; No 15, 1996
s 72	am No 16, 1950
	om No 20, 1965
s 73	sub No 16, 1950
	am No 15, 1996
s 74	am No 16, 1950
pt 3D (ss 74A, 74B)	ins 1999 No 66 s 6 sch 3
ss 74A, 74B	ins 1999 No 66 s 6 sch 3
s 75	am No 20, 1965; No 9, 1967; No 43, 1974; No 20, 1991
s 76	am No 27, 1974; No 15, 1996
s 77	am No 11, 1930; No 20, 1965; No 9, 1967; No 43, 1974; No 20, 1991
s 78	am No 15, 1996
s 79	am No 20, 1965; No 15, 1996; No 96, 1997
s 80	sub No 20, 1965
	am No 16, 1969; No 9, 1985; No 15, 1996
s 81	am No 20, 1965
s 82	am No 11, 1930; No 20, 1965; No 15, 1996
s 83	sub No 20, 1965
pt 5A (ss 83A, 83B)	ins No 25, 1970
	om 1999 No 66 s 6 sch 3
s 83A	ins No 25, 1970
	om 1999 No 66 s 6 sch 3
s 83B	ins No 25, 1970
	am No 9, 1985; No 15, 1996
	om 1999 No 66 s 6 sch 3
hdg to pt 6	sub No 20, 1965; No 9, 1985

s 84	sub No 20, 1965
	om No 9, 1985
s 85	om No 9, 1985
s 86	am No 20, 1965
	om No 9, 1985
s 87	sub No 6, 1960
	am No 9, 1967; No 43, 1974
	om No 9, 1985
s 87A	ins No 13, 1937
	om No 9, 1985
ss 87B, 87C	ins No 20, 1965
	am No 9, 1967; No 16, 1969; No 43, 1974; No 9, 1985; No 20, 1991; No 15, 1996
s 88	am No 13, 1937; No 7, 1943; No 9, 1985; No 15, 1996
s 89	am No 13, 1937; No 20, 1965;  No 9, 1985; No 15, 1996
s 90	am No 13, 1937; No 20, 1965;  No 9, 1985; 1999 No 66 s 6 sch 3
s 91	am No 9, 1985; No 15, 1996
s 92	am No 13, 1932; No 13, 1937; No 67, 1984; No 9, 1985; No 15, 1996
s 93	am No 13, 1932; No 13, 1937; No 67, 1984; No 9, 1985
s 94	am No 13, 1937; No 20, 1965
	om No 9, 1985
ss 94A, 94B	ins No 13, 1937
	sub No 20, 1965
	om No 9, 1985
s 95	am No 11, 1930; No 13, 1937; No 67, 1984; No 9, 1985
	sub No 15, 1996
ss 96, 97	am No 11, 1930; No 13, 1937; No 67, 1984; No 9, 1985
s 97A	ins No 13, 1937
	am No 67, 1984; No 9, 1985; No 15, 1996
s 98	am No 11, 1930; No 13, 1937; No 67, 1984; No 9, 1985
s 99	am No 13, 1937
	om No 9, 1985
s 100	am No 11, 1930; No 13, 1937
	om No 20, 1965
s 101	am No 13, 1937; No 20, 1965; No 9, 1985; No 15, 1996
s 102	am No 9, 1985; No 15, 1996
s 103	am No 13, 1937
	sub No 16, 1969
	om No 9, 1985
s 104	am No 9, 1933; No 13, 1937; No 7, 1943; No 67, 1984
	om No 9, 1985
ss 105, 106	om No 9, 1985
s 107	am No 20, 1965; No 9, 1985
	om No 17, 1989
s 108	am No 11, 1930
	sub No 20, 1965; No 16, 1969
	om No 9, 1985
s 109	am No 11, 1930; No 13, 1937
	sub No 20, 1965
	om No 16, 1969
hdg to pt 7	sub No 5, 1953
pt VII (ss 111, 113-119) 	om No 2, 1954
pt 7 (ss 110-117)	ins No 2, 1954
	om No 16, 1969
s 110	om No 5, 1953
	ins No 2, 1954
	am No 9, 1967
	om No 16, 1969
s 111	am No 5, 1953
	sub No 2, 1954
	am No 9, 1967 (as am by No 23, 1967)
	om No 16, 1969
s 112	om No 11, 1930
	ins No 2, 1954
	om No 16, 1969
s 113	sub No 2, 1954
	om No 16, 1969
s 114	am No 5, 1953
	sub No 2, 1954
	om No 16, 1969
s 115	am No 5, 1953
	om No 16, 1969
	sub No 2, 1954
	om No 16, 1969
s 116	sub No 2, 1954
s 117	am No 5, 1953
	sub No 2, 1954
	om No 16, 1969
s 118	om No 2, 1954
s 119	sub No 5, 1953
	om No 2, 1954
s 120	om No 11, 1930
ss 122, 123	om No 20, 1965
s 124	am No 11, 1930; No 13, 1937; No 67, 1984; No 15, 1996
s 125	am No 20, 1965
s 125A	ins No 20, 1965
	am No 67, 1984; No 15, 1996
s 125B	ins No 20, 1965
	am No 8, 1980; No 67, 1984; No 91, 1993
s 126	am No 20, 1965
s 127	sub No 20, 1965
s 128	om No 13, 1937
	ins 2000 No 80 amdt 3.1

s 129	am No 11, 1930; No 13 and 27, 1937; No 67, 1984
	om 1999 No 66 s 6 sch 3
s 129A	ins No 2, 1934
	om No 20, 1965
pt X (s 130)	om No 8, 1980
s 130	am No 11, 1930; No 43, 1974
	om No 8, 1980
hdg to the sch	om 1999 No 66 s 6 sch 3
sch 1	sub No 11, 1930
	am No 35, 1938
	om 1999 No 66 s 6 sch 3
The 2nd, 3rd sch	om No 6, 1960
3rd sch	ins No 6, 1960
	sub No 9, 1967; No 27, 1974
	om No 8, 1980
sch 4	ins No 20, 1965
5th sch 	ins No 20, 1965
	om No 16, 1969
sch 6	ins No 9, 1967
	am No 67, 1984; No 17 and 38, 1989; No 15, 1996

6	Table of earlier republications
Republication No	Amendments to	Republication date	
(1)	Act 1991 No 20	31 August 1991	
(2)	Act 1993 No 91	31 January 1994	
(3)	Act 1994 No 97	31 January 1995	
(4)	Act 1996 No 15	30 November 1996	
5	Act 1998 No 42	31 August 1999	
5A	Act 1998 No 42	31 August 1999	
5B	Act 1999 No 66	10 November 1999	

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