S. 3(1) def. of public trustee repealed by No. 55/1987 s. 57(3)(Sch. 5 item 1). * * * * * S. 3(1) def. of registered caring partner inserted by No. 4/2009 s. 37(Sch. 1 item 2.1(a)). registered caring partner of a person who dies means a person who, at the time of the person's death, was in a registered caring relationship with the person within the meaning of the Relationships Act 2008; S. 3(1) def. of registered domestic partner inserted by No. 12/2008 s. 73(1)(Sch. 1 item 2.1(b)), amended by No. 4/2009 s. 37(Sch. 1 item 2.1(b)). registered domestic partner of a person who dies means a person who, at the time of the person's death, was in a registered domestic relationship with the person within the meaning of the Relationships Act 2008; S. 3(1) def. of registrar substituted by No. 8951 s. 5(1)(a), amended by No. 57/1989 s. 3(Sch. item 4.2). registrar means the registrar of probates appointed pursuant to the Supreme Court Act 1986 and includes an assistant registrar of probates; S. 3(1) def. of small estate inserted by No. 45/1994 s. 38, repealed by No. 80/2014 s. 14. * * * * * S. 3(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 1.1). spouse of a person who dies means a person who was married to the person at the time of the person's death;
Division 1—Interpretation Nos 3623 s. 4, 4654 s. 3(3). 5 Definitions (1) In this Part unless inconsistent with the context or subject-matter— administration means with reference to the estate of a deceased person letters of administration whether general special or limited or with the will annexed or otherwise; administrator means a person to whom administration is granted; conveyance includes a mortgage lease assent vesting declaration disclaimer release and every other assurance of property or of an interest therein by any instrument except a will and convey has a corresponding meaning and disposition includes a conveyance also a devise bequest and an appointment of property contained in a will and dispose of has a corresponding meaning; estate means real and personal estate; grant means a grant of probate or administration; income includes rents and profits; intestate includes a person who leaves a will but dies intestate as to some beneficial interest in his real or personal estate; S. 5(1) def. of licensed trustee company inserted by No. 17/2010 s. 17(a). licensed trustee company has the same meaning as in section 601RAA of the Corporations Act;
No. 3632 s. 21. 25 Administration with will annexed Administration with the will annexed shall continue to be granted in every case where such grant has heretofore been customary and in such case the will of the deceased shall be performed and observed in like manner as if probate thereof had been granted to an executor. No. 3632 s. 22. S. 26 amended by Nos 9075 s. 5(1)(2), 9427 s. 5(Sch. 4 item 1). 26 Administration during minority of executor (1) Where a minor is sole executor of a will administration with the will annexed shall be granted to his guardian or to such other person as the Court thinks fit until the minor attains the age of eighteen years and on his attaining that age and not before probate of the will may be granted to him. S. 26(2) amended by No. 9427 s. 5(Sch. 4 item 1). (2) The appointment in a will by a testator of a minor to be an executor shall not operate to transfer any interest in the property of the deceased to the minor or to constitute him a personal representative for any purpose unless and until probate is granted to him under this section. No. 3632 s. 23. 27 Rights and liabilities of administrator Every person to whom administration of the estate of a deceased person is granted shall subject to the limitations contained in the grant have the same rights and liabilities and be accountable in like manner as if he were the executor of the deceased. Subdivision 2—Duties rights and obligations No. 3632 s. 24. 28 Duty of personal representative as to inventory and accounts (1) The personal representative of a deceased person shall when lawfully required so to do exhibit on oath in the Court, a true and perfect inventory and account of the real and personal estate of the
Nos 3632 s. 30, 4654 s. 3(3). 35 Court may assign bond and remove administrator S. 35(1) amended by No. 110/1986 s. 140(2). (1) On being satisfied that there has been negligence or maladministration of the estate of which a person has obtained administration in the capacity of a creditor or that the condition of any administration bond executed by any person who has obtained administration in such capacity has been broken in any substantial particular the Court— S. 35(1)(a) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 4), 10/1994 s. 13(d), 15/1998 s. 5(d)(i). (a) may order the registrar to assign the administration bond to a trustee company or any other person named in the order; and S. 35(1)(b) amended by Nos 110/1986 s. 140(2), 55/1987 s. 57(3)(Sch. 5 item 5), 15/1998 s. 5(d)(ii). (b) may if the Court thinks fit remove such creditor from the position of administrator and appoint a trustee company or any other person to be named in the order administrator in place of the administrator so 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. S. 35(2) amended by No. 15/1998 s. 5(e). (2) Upon an appointment under paragraph (b) of the last preceding subsection, the provisions of section 34(3) and (4) shall so far as appropriate apply as if repeated in this section.
S. 51A(1) (Table) amended by No. 4/2009 s. 37(Sch. 1 item 2.3). TABLE Period that unregistered domestic partner has lived as domestic partner of intestate continuously before intestate's death Spouse or registered domestic partner or registered caring partner's entitlement to partner's share Unregistered domestic partner's entitlement to partner's share less than 4 years two-thirds one-third 4 years or more but less than 5 years half half 5 years or more but less than 6 years one-third two-thirds 6 years or more none all Note There is a minimum requirement that the unregistered domestic partner lived with the intestate continuously for at least 2 years immediately before the intestate's death, unless the domestic partner is the parent of a child of the intestate who was under 18 at the time of the intestate's death—see definition of unregistered domestic partner in section 3(1). (2) In this section— partner's share of an intestate's residuary estate means the share of the estate to which the partner of the intestate is entitled under this Division.
S. 71(2) amended by No. 6640 s. 2(c), substituted by No. 7168 s. 2(a), amended by Nos 8181 s. 2(1)(Sch. item 5), 57/1989 s. 3(Sch. item 4.7(a)(b)), 10/2005 s. 3(Sch. 1 item 1.2), 80/2014 s. 18(2). (2) The registrar of probates or the registrar of the Magistrates Court shall— (a) cause to be completed the advertisement affidavit and documents required by the Court in its probate jurisdiction to lead to such grant; S. 71(2)(b) repealed by No. 74/2000 s. 3(Sch. 1 item 3.4). * * * * * S. 71(2)(c) repealed by No. 9041 s. 4(2). * * * * * (d) obtain the proper fees payable from or on behalf of the applicant on all such affidavits and documents as well as any further material or fees which may be required under this Part— and where such action is taken by a registrar of the Magistrates' Court, that registrar shall transmit all such affidavits documents material and fees to the office of the registrar.
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.
S. 97(3) amended by Nos 6920 s. 9(b), 10/1994 s. 4(4)(a)(i)(ii), 80/2014 s. 6(3). (3) The Court shall in every case in which a family provision order is made under this Part direct that a certified copy of such order be attached to the probate of the will or letters of administration and for that purpose shall retain in its custody such probate or letters of administration until such copy is attached. S. 97(4) substituted by Nos 6920 s 9(c), 80/2014 s. 6(4). (4) Subject to this Part, a family provision order operates and takes effect— (a) if the deceased dies leaving a will disposing of the whole or any part of the deceased's estate, as if the provision made by the family provision order had been made by the deceased by executing a codicil to that will immediately before the deceased's death; or (b) if the deceased dies without leaving a will— (i) as a modification of Division 6 of Part I in respect of so much of the deceased's estate as is affected by the family provision order; and (ii) as if the provision made by the family provision order had been made by the deceased in the deceased's will. S. 97(5) amended by Nos 10/1994 s. 4(4)(b)(i)(ii), 88/1997 s. 59(2), 80/2014 s. 6(5). (5) The Court may at any time and from time to time on the application of the executor or administrator of the testator's estate or of any person beneficially entitled to or interested in any part of the estate of the testator rescind or alter any family provision order. S. 97(5A) inserted by No. 80/2014 s. 6(6). (5A) Notice of an application under subsection (5) must be served on all persons taking any benefit under the family provision order sought to be rescinded or altered.
(b) lapses within 3 months from the receipt of the notice by the personal representative unless an application for a family provision order has been made to the Court; and (c) is incapable of being renewed. S. 99A(5) inserted by No. 80/2014 s. 9(3). (5) Nothing in this section— (a) extends the period within which a person can make an application for a family provision order without a Court order; or (b) prevents the subsequent making of an application for a family provision order within any other period allowed by this Act. Pt 4A (Heading and ss 99AA, 99AB) inserted by No. 88/1997 s. 60 (as amended by No. 43/1998 s. 58). S. 99AA inserted by No. 88/1997 s. 60 (as amended by No. 43/1998 s. 58). 99AA Transitional provision—Wills Act 1997 Despite the amendment of this Act by Part 7 of the Wills Act 1997, Part IV of this Act, as in force immediately before the commencement of Part 7 of the Wills Act 1997, continues to apply to the estate of a person who has died before that commencement. S. 99AB inserted by No. 88/1997 s. 60 (as amended by No. 43/1998 s. 58). 99AB Further transitional provision—Wills Act 1997 Despite the amendment of this Act by section 61 of the Wills Act 1997, Part V of this Act, as in force immediately before the commencement of that section, continues to apply to wills made
• 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