Administration Amendment Act 2001

1: Title
1: This Act is the Administration Amendment Act 2001.
2: In this Act, the Administration Act 1969 the principal Act
2: Commencement
This Act comes into force on 1 February 2002.
3: Application
The amendments to the principal Act in sections 4 to 11
4: Interpretation
Section 2(1) de facto relationship section 2 of the Property (Relationships) Act 1976 surviving de facto partner .
5: Charges on property of deceased to be paid primarily out of the property charged
1: Section 34(1)
2: Section 34 subsection (1)
1A: However, subsection (1)
6: Protection of administrator against certain claims
Section 47(1) paragraphs (ca) (d)
d: under the Property (Relationships) Act 1976 .
7: Payment without administration
Section 65(2) paragraph (a)
aa: a surviving de facto partner of the deceased person: .
8: New
sections 77 to 77C The principal Act is amended by repealing section 77
77: Succession to real and personal estate on intestacy
If a person (the intestate) dies intestate Person or people intestate leaves How estate to be distributed 1 Husband or wife or surviving de facto partner, but no issue and no parents Personal chattels (as defined in section 2(1) the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971 Residue of the estate:
•: this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39
•: anything that remains of the residue is held in trust for the husband or wife or partner absolutely 2 Husband or wife or surviving de facto partner, and issue Personal chattels (as defined in section 2(1) the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971 Residue of the estate:
•: this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39
•: anything that remains of the residue is held in trust as follows:
•: a third for the husband or wife or partner absolutely; and
•: two-thirds on the statutory trusts for the issue of the intestate 3 Husband or wife or surviving de facto partner, no issue, but 1 or both parents Personal chattels (as defined in section 2(1) the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971 Residue of the estate:
•: this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39
•: anything that remains of the residue is held in trust as follows:
•: two-thirds for the husband or wife or partner absolutely; and
•: a third for the father and mother in equal shares absolutely or, if the intestate leaves only 1 parent, for that parent absolutely 4 Issue but no husband or wife or surviving de facto partner All of the estate is held on the statutory trusts for the issue of the intestate 5 No husband or wife or surviving de facto partner, and no issue, but 1 or both parents All of the estate is held in trust in equal shares for the parents, but if the intestate leaves only 1 parent, for that parent 6 No husband or wife or surviving de facto partner, no issue, and no parents, but 1 or more brothers or sisters (whether of full or half blood) All of the estate is held on the statutory trusts for the 1 or more brothers or sisters 7 No one who takes an absolutely vested interest under the trusts referred to in items 1 to 6, but 1 or both maternal or paternal grandparents, or 1 or more maternal or paternal uncles or aunts (whether of full or half blood) All of the estate is held in trust as follows: as to half:
•: in equal shares for the maternal grandparents, but if the intestate leaves only 1 such grandparent, for that grandparent; or
•: if the intestate leaves no maternal grandparent, then on the statutory trusts for the maternal uncles and aunts; or
•: if no maternal grandparent or maternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the other half of the estate must be held as to the other half:
•: in equal shares for the paternal grandparents, but if the intestate leaves only 1 such grandparent, for that grandparent; or
•: if the intestate leaves no paternal grandparent, then on the statutory trusts for the paternal uncles and aunts; or
•: if no paternal grandparent or paternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the first half of the estate must be held 8 No one who takes an absolute interest under items 1 to 7 All of the estate belongs to the Crown as bona vacantia
•: dependants (whether kindred or not) of the intestate; and
•: other persons for whom the intestate might reasonably have been expected to make provision.
77A: Effect on succession on intestacy of separation order
Nothing in section 77 section 26 of the Family Proceedings Act 1980
77B: Restrictions on succession on intestacy by certain de facto partners
1: This section applies to a surviving de facto partner if his or her de facto relationship with the intestate is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976
2: If this section applies to a surviving de facto partner, the partner is not entitled under section 77 section 77 section 77
a: the Court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the partner has made a substantial contribution to the de facto relationship; and
b: the Court is satisfied that not being entitled to succeed on the intestacy would result in serious injustice to the partner.
3: In subsection (2) child of the de facto relationship contribution section 2 of the Property (Relationships) Act 1976
77C: Succession on intestacy if intestate dies leaving spouse and 1 or more de facto partners, or 2 or more de facto partners
1: This section applies if the intestate dies leaving—
a: 1 or more surviving de facto partners entitled to succeed on the intestacy, and a husband or wife; or
b: 2 or more surviving de facto partners entitled to succeed on the intestacy.
2: If this section applies,—
a: the real or personal estate of the intestate to which section 77
b: the spouse and each partner or, as the case requires, each of the partners, is entitled to an equal share of the estate that would, under section 77
9: Statutory trusts in favour of issue and other classes of relatives of intestate
Section 78(2)
d: references in the table in section 77 no issue no issue who attain an absolutely vested interest
e: references in the table in section 77 issue issue who attain an absolutely vested interest
10: Application to cases of partial intestacy
Section 79(2) wife or surviving de facto partner
11: Regulations relating to prescribed amounts
Section 82A subsections (1) (3) (4) 77(1)(a) 77
12: Consequential amendments to other enactments
1: Section 37 Property Law Act 1952 subsection (1)
1A: If the instrument was executed before 1 February 2002, subsection (1) section 8 of the Administration Amendment Act 2001
2: Section 14 Trustee Act 1956 subsection (6A)
6A: Where a person dies intestate as to any personal chattels within the meaning of the Administration Act 1969 section 2(1) of that Act
6AA: If there is more than 1 person whose consent would be required under subsection (6A)