S. 37A(5)(b) amended by No. 27/2001 s. 3(Sch. 1 item 1.6(c)). (b) if the partner is not a personal representative—to the personal representative who sent the partner the notice requiring the election. S. 37A(6) amended by Nos 91/1994 s. 36(1), 27/2001 s. 3(Sch. 1 item 1.6(d)). (6) If an intestate is also survived by a child or other issue— (a) any notice under subsection (4); and (b) any election under subsection (5)(a)— must show the sworn value of the intestate's interest in the shared home at the time of the intestate's death as fixed by a valuer. S. 37A(7) amended by No. 27/2001 s. 3(Sch. 1 item 1.6(e) (i)(ii)). (7) If the partner elects to acquire the intestate's interest in the shared home— (a) his or her share of the residuary estate is to be reduced by the value of the interest; and S. 37A(7)(b) amended by No. 27/2001 s. 3(Sch. 1 item 1.6(e)(i)). (b) if the value of the interest is more than the amount of his or her share of the residuary estate, the partner must pay the difference into the intestate's estate— (i) before the distribution of the residuary estate; or (ii) within 12 months of the making of the election— whichever occurs first. S. 37A(8) amended by No. 27/2001 s. 3(Sch. 1 item 1.6(e) (i)(ii)). (8) If the partner elects to acquire the intestate's interest in the shared home, the personal representative— S. 37A(8)(a) amended by No. 27/2001 s. 3(Sch. 1 item 1.6(e)(i)). (a) must transfer the interest to the partner within a reasonable time— (i) of receiving notice of the election; or
Act 1958, may apply to the Court for directions with reference thereto, and the Court may make such vesting or other order as may be deemed proper, and the provisions of the Trustee Act 1958 relating to vesting orders and to the appointment of a person to convey, shall apply. No. 3632 s. 44. 49 Power to postpone distribution Subject to the foregoing provisions of this Act, a personal representative is not bound to distribute the estate of the deceased before the expiration of one year from the death. Division 6—Distribution of intestate's residuary estate S. 50 substituted by No. 7597 s. 2(1), amended by No. 9041 s. 3, substituted by No. 10/1994 s. 9. 50 Date of Valuation In determining values for the purposes of this Division, the date of valuation is to be the date on which the value of the residuary estate within the meaning of section 38(4) is ascertained. S. 51 (Heading) inserted by No. 27/2001 s. 3(Sch. 1 item 1.7). S. 51 amended by No. 6505 s. 2, repealed by No. 7597 s. 3(a), new s. 51 inserted by No. 10/1994 s. 9. 51 Distribution if intestate leaves a partner S. 51(1) amended by No. 27/2001 s. 3(Sch. 1 item 1.8). (1) The partner of an intestate who does not leave any child (or other issue) is entitled to the intestate's residuary estate.
Nos 3632 s. 47, 3822 s. 6(2), 4191 s. 2, 6112 s. 2. 52 Distribution on intestacy S. 52(1) amended by Nos 7597 s. 3(b)(i), 10/1994 s. 13(e), 27/2001 s. 3(Sch. 1 item 1.10(a)). (1) Where a person in respect of his or her residuary estate dies intestate then subject to the provisions of section 51 and 51A the following provisions shall have effect with respect to such estate: S. 52(1)(a) amended by Nos 7597 s. 2(2)(a), 27/2001 s. 3(Sch. 1 item 1.10(b)). (a) If the intestate leaves a partner she or he shall be entitled if the intestate leaves any issue to one-third of such estate; S. 52(1)(b) amended by Nos 7597 s. 3(b)(ii), 27/2001 s. 3(Sch. 1 item 1.10(b)). (b) If the intestate leaves a father and a mother but no partner or issue such estate shall be distributed equally between the father and the mother; S. 52(1)(c)(d) repealed by No. 7597 s. 2(2)(b). * * * * * S. 52(1)(e) amended by No. 27/2001 s. 3(Sch. 1 item 1.10(b)). (e) If the intestate leaves a father but no partner or issue or mother the father shall be entitled to such estate; S. 52(1)(ea) inserted by No. 7597 s. 3(b)(iii), amended by No. 27/2001 s. 3(Sch. 1 item 1.10(b)). (ea) If the intestate leaves a mother but no partner or issue or father the mother shall be entitled to such estate;
S. 57(3) amended by Nos 110/1986 s. 140(2), 10/1994 s. 13(f). (3) No proceeding shall be brought on any such guarantee without the leave of the Court. S. 57(4) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 6), 10/1994 s. 13(g), 15/1998 s. 5(f). (4) This section does not apply where administration is granted to a person for the use or benefit of Her Majesty or to the State Trustees or to any person body corporate or holder of an office specially exempted by any Act. Subdivision 2—Caveats No. 3632 s. 52. S. 58 amended by No. 9041 s. 5, substituted by No. 10/1994 s. 10. 58 Caveat may be lodged? Any person may lodge with the registrar in accordance with the Rules of the Supreme Court a caveat against the making of a grant. Ss 59–63 repealed by No. 10/1994 s. 11. * * * * * S. 64 amended by No. 55/1987 s. 57(3)(Sch. 5 items 7, 8), repealed by No. 10/1994 s. 11. * * * * *
S. 75(2) amended by Nos 7168 s. 6(b), 8181 s. 2(1)(Sch. item 7), 57/1989 s. 3(Sch item 4.12(a)(b)) (as amended by No. 34/1990 s. 5(Sch. 4 item 4)), 10/1994 s. 13(i), 69/2009 s. 54(Sch. Pt 2 item 2). (2) In the absence of a registrar of the Magistrates' Court applicants under this Part may be sworn and execute any necessary documents before any person authorised under the Evidence (Miscellaneous Provisions) Act 1958. S. 76 amended by No. 6640 s. 2(d), substituted by No. 7168 s. 7, amended by No. 8181 s. 2(1)(Sch. item 5), S.R. No. 369/1973 cl. 2, Nos 57/1989 s. 3(Sch. item 4.13), 10/1994 s. 12(b), 10/2005 s. 3(Sch. 1 item 1.6), 80/2014 s. 22. 76 Applicants residing within 32 kilometres of Where at the time of making his application the fixed place of abode of an applicant seeking aid pursuant to section seventy-one of this Act is within a radius of 32 kilometres from the north-east corner of Bourke and Elizabeth streets, Melbourne, such applicant shall not apply to a registrar of the Magistrates' Court but may apply to the registrar of probates.
probate includes exemplification of probate; includes the . No. 3632 s. 81. 81 Probates and administrations granted in S. 81(1) amended by No. 7874 s. 2(a)(i). (1) When probate of the will or administration of the estate of any deceased person who has left any property whether real or personal within Victoria has been granted by any court of competent jurisdiction in the United Kingdom or in any of the Australasian States or, subject to the provisions of section eighty-eight of this Act when probate of the will or administration of the estate of any deceased person or a grant or order appointing a person executor of the will or giving a person authority to administer the estate of any deceased person has been issued by a court of competent jurisdiction in a country specified in a proclamation in force under section eighty-eight— S. 81(1)(a) amended by Nos 7874 s. 2(a)(ii), 35/1996 s. 453(Sch. 1 item 3.4). (a) the executor or administrator therein named whether he is within the jurisdiction of the Supreme Court of Victoria or not may either personally or by a legal practitioner on his behalf produce the same (and in the case of an executor of an executor any later probate or grant or order also) to the registrar and file a verified copy or verified copies thereof in his office; or S. 81(1)(b) amended by Nos 7874 s. 2(a)(iii), 35/1996 s. 453(Sch. 1 item 3.4). (b) any person duly authorized by power of attorney under the hand and seal of such executor or administrator may either personally or by a legal practitioner on his behalf produce such probate or probates or letters of administration or grant or order and power of attorney accompanied by an affidavit that such power of attorney has not been revoked to the registrar and may file verified copies thereof in his office.
before that amendment as if the amendment had not been made. (4) Despite the amendment of section 74 by the Justice Legislation Amendment (Succession and Surrogacy) Act 2014, section 74, as in force immediately before its amendment, continues to apply to an application made under section 71 before that amendment as if the amendment had not been made. (5) Despite the amendment of section 79 by the Justice Legislation Amendment (Succession and Surrogacy) Act 2014, section 79, as in force immediately before its amendment, continues to apply to the administration of an estate commenced under that section before that amendment as if the amendment had not been made. New s. 104 inserted by No. 80/2014 s. 26. 104 Power to resolve transitional difficulties in proceeding—Justice Legislation Amendment (Succession and Surrogacy) Act 2014 (1) If any difficulty arises because of the operation of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 in relation to an application or a proceeding under this Act, the Court may make any order it considers appropriate to resolve the difficulty. (2) An order made under subsection (1)— (a) may be made on application of a party to the application or proceeding or on the Court's own motion; and (b) has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006).
• Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the Administration and Probate Act 1958 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Administration and Probate Act 1958, No. 6191/1958 Assent Date: 30.9.58 Commencement Date: S. 105(4) inserted on 1.1.15 by No. 80/2014 s. 26: Special Gazette (No. 400) 29.10.14 p. 2 Note: S. 105(4) repealed s. 105 on 1.1.17 Current State: This information relates only to the provision/s amending the Administration and Probate Act 1958 Statute Law Revision Act 1959, No. 6505/1959 Assent Date: 5.5.59 Commencement Date: 1.4.59: s. 1(2) : All of Act in operation Administration and Probate (Offices) Act 1960, No. 6640/1960 Assent Date: 7.6.60 Commencement Date: 7.6.60 : All of Act in operation Statute Law Revision Act 1960, No. 6716/1960 Assent Date: 21.12.60 Commencement Date: 21.12.60: subject to ss 3, 4 : All of Act in operation Administration and Probate (Amendment) Act 1962, No. 6866/1962 Assent Date: 16.4.62 Commencement Date: 16.4.62 : All of Act in operation Probate Duty Act 1962, No. 6890/1962
Assent Date: 15.5.62 Commencement Date: 1.7.62: Government Gazette 13.6.62 p. 1990 : All of Act in operation Administration and Probate (Family Provision) Act 1962, No. 6920/1962 Assent Date: 20.11.62 Commencement Date: 20.11.62 : All of Act in operation Administration and Probate (Small Estates) Act 1964, No. 7168/1964 (as amended by Act No. 7332) Assent Date: 10.11.64 Commencement Date: 1.6.65: Government Gazette 12.5.65 p. 1555 : All of Act in operation Administration and Probate (Surviving Actions) Act 1965, No. 7296/1965 Assent Date: 12.10.65 Commencement Date: 12.10.65 : All of Act in operation Statute Law Revision Act 1965, No. 7332/1965 Assent Date: 14.12.65 Commencement Date: 14.12.65: subject to s. 3 : All of Act in operation Administration and Probate (Amendment) Act 1967, No. 7597/1967 Assent Date: 5.12.67 Commencement Date: 5.12.67 : All of Act in operation Administration and Probate (Amendment) Act 1968, No. 7663/1968 Assent Date: 2.4.68 Commencement Date: 1.5.68: Government Gazette 24.4.68 p. 1259 : All of Act in operation Administration and Probate (Foreign Grants) Act 1969, No. 7874/1969 Assent Date: 18.11.69 Commencement Date: 18.11.69 : All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71 : All of Act in operation Status of Children Act 1974, No. 8602/1974 Assent Date: 26.11.74 Commencement Date: 1.3.75: Government Gazette 5.2.75 p. 228 : All of Act in operation Supreme Court Act 1976, No. 8951/1976
Assent Date: 12.6.01 Commencement Date: S. 3(Sch. 1 item 1) on 8.11.01: Government Gazette 8.11.01 p. 2797 : This information relates only to the provision/s amending the Administration and Probate Act 1958 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 2) on 15.7.01: s. 2 : This information relates only to the provision/s amending the Administration and Probate Act 1958 Statute Law Revision Act 2005, No. 10/2005 Assent Date: 27.4.05 Commencement Date: S. 3(Sch. 1 item 1) on 28.4.05: s. 2 : This information relates only to the provision/s amending the Administration and Probate Act 1958 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 2) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Administration and Probate Act 1958 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 2) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Administration and Probate Act 1958 Justice Legislation Amendment Act 2008, No. 21/2008 Assent Date: 2.6.08 Commencement Date: S. 26 on 1.12.08: s. 2(5) : This information relates only to the provision/s amending the Administration and Probate Act 1958 Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008 Assent Date: 3.6.08 Commencement Date: S. 75 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 : This information relates only to the provision/s amending the Administration and Probate Act 1958 Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009