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Table Of Contents

Contents (1935 - 38)

Administration and Probate Act 1935

Status information

Long Title

Part I - Preliminary

1. Short title

2. Repeal

3. Interpretation

Part II - Devolution of Estates

4. Devolution of real estate on personal representative

5. Application to real estate of law affecting chattels real

6. Interpretation in this Part of "real estate"

Part III - Executors and Administrators

Division I - General provisions

7. Summons to executor to prove or renounce, &c.

8. When right of executor to prove ceases

9. Withdrawal of renunciation

10. Executor of sole or last surviving executor represents original testator

11. Right of proving executors to exercise powers

12. How property to vest between death of person intestate and grant of representation

13. Discretion of Court as to persons to whom administration is to be granted and limitation of grant

14. Provisions as to the number of personal representatives and where minority or life interest

15. Power to grant representation of real and personal estate separately or together

16. Grant of representation to a trust corporation

17. Grant to agent of executor

18. Executor not to act while administration is in force

19. Grant of administration pendente lite

20. Continuance of legal proceedings after revocation of temporary administration

21. Grant of special administration where personal representative is abroad

22. Administration with will annexed

23. Administration during minority of executor

24. Rights and liabilities of administrator

25. Administration bonds

Division II - Duties, rights and obligations

26. Duty of personal representative as to inventory

27. Rights of action by and against personal representatives

28. Protection of persons acting in probate or administration

29. Liability of person fraudulently obtaining or retaining estate of deceased

30. Liability of estate of personal representative

31. Rules for adapting provisions of this Part relating to real estate

Part IV - Administration of Assets

32. Real and personal estate of deceased are assets for payment of debts

33. Trust for sale

34. Administration of assets

35. Charges on property of deceased to be paid primarily out of the property charged

36. Effect of assent or conveyance by personal representative

37. Validity of conveyance not affected by revocation of representation

38. Right to follow property and powers of the Court in relation thereto

39. Powers of management

40. Powers of personal representative as to appropriation

41. Power to appoint trustees of infants' property

42. Obligations of personal representative permitting possession of lands, and powers of the Court

43. Power to postpone distribution: Executor's year

Part V - Distribution of Residuary Estate of Intestate

44. Succession on intestacy

45. Bona vacantia

46. Statutory trusts in favour of issue and other relatives

47. Partial intestacy

Part VI - Probate and Administration Granted Outside the State

47A. Interpretation

48. Resealing of probate, &c., granted beyond the State in certain cases

49. Procedure: Caveats

50. Seal not to be affixed till duty is paid, &c.

51. Security for payment of debts may be required

52. Person procuring the sealing to be deemed executor or administrator

53. Application of this Part of Act may be extended

Part VII - Protection of Representatives

54. Power of personal representative to advertise for claims

55. Power of personal representative to distribute assets

56. Filing of accounts

57. Rights of claimants

58. Proceedings under this Act to be stayed in certain cases

59. Release to be in force except as to errors or omissions

60. Rights of claimants against legatees and next-of-kin preserved

61. Further assets to be disposed of and accounted for in same manner as original assets

62. Interpretation

Part VIII - Supplemental

62A. Interests as joint tenants, &c., under wills of testators dying before commencement of Act

63. Repealed

64. Power of Court to make orders for due administration of estate of deceased person

65. Concealment, &c., of will actionable

66. General saving

67. Transitory provisions: Rules of Court

68. Savings and transitional provisions

Schedule I

Schedule II

Part I - Rules as to payment of debts and liabilities where the estate is insolvent

Part II - Order of application of assets where the estate is solvent

Schedule III - Powers of the Court

Schedule IV

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Administration and Probate Act 1935

Version current from 16 June 2009 to 31 December 2010 (accessed 12 April 2025 at 12:48)

Status Information

Currency of version

Version current from 16 June 2009 to 31 December 2010 (accessed 12 April 2025 at 12:48)

Legislation on this site is usually updated within 3 working days after a change to the legislation.

Table of Amending Instruments

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Responsible Minister and Department

See the latest Administrative Arrangement Order or view the Information Guides to Legislation

Authorisation

File last modified 18 July 2024

Tasmanian Legislation Tasmania's consolidated legislation online

Administration and Probate Act 1935

Status Information

Currency of version

Table of Amending Instruments

Responsible Minister and Department

Authorisation

Tasmanian Legislation
Tasmania's consolidated legislation online