Administration and Probate Act 2006 (NI)

NORFOLK ISLAND

Administration and Probate Act 2006

No. 8, 2006

Compilation No. 2

Compilation date: 29 September 2018

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

NORFOLK ISLAND

Administration and Probate Act 2006

TABLE OF PROVISIONS Page Part 1 Preliminary 1 Name of Act 2 Commencement 3 Interpretation for Act Part 2 Administration 4 Registrar and deputy registrar of Probates 5 Curator of deceased estates 6 Registrar's seal and stamps Part 3 Grant of representation Division 3.1 Jurisdiction of the Supreme Court 7 Supreme Court to make finding about domicile of deceased person 8 Probate or administration may be granted 9 Evidence of death 10 Grant on presumption of death 11 Issue of probate by registrar 12 Sealing of probate and letters of administration 13 Grant to single executor reserving leave to others to apply 14 Grant of probate to curator 15 Practice about granting administration of real and personal estate 16 Eligible administrators 17 Rights and duties of administrator 18 Renunciation or non-appearance by executor 19 Renunciation etc by person appointed both executor and trustee of will 20 Administration to guardian of child sole executor 21 Administration under power of attorney 22 Administration pendente lite and receiver 23 Power to appoint administrator 24 Proceeding if executor neglects to prove will 25 Issue of special letters of administration 26 Special administrator to make certain affidavits 27 On return of original executor or administrator special administration to be rescinded 28 Accounting by special administrator 29 Liability of executor or administrator neglecting to apply for rescission of special administration 30 Revocation of grants not to prejudice actions or suits 31 Discharge or removal of executor or administrator 32 Revocation of grant if person living at date of grant 33 Effect of revocation of grant Division 3.2 Caveats 34 Caveat may be lodged 35 If caveat lodged court may grant order nisi 36 Service of order nisi 37 Proceeding if caveator does not appear 38 Evidence on hearing of order nisi 39 Withdrawal and removal of caveat Division 3.3 Effect of grant of representation 40 Estate to vest in curator until grant 41 Real and personal estate to vest in executor or administrator 42 Real estate held in trust 43 Property of deceased to be assets 44 Property of deceased liable for debts 45 Appointments by will under general power 46 Administration of assets 47 Application of income of settled residuary estate 48 Real estate to be held on trusts of will 49 Rights of executor in relation to real estate Division 3.4 Position of executor of an executor 50 Executor of executor 51 When ceases to represent deceased 52 Rights and liabilities of executor of executor Part 4 Intestacy Division 4.1 Preliminary 53 Interpretation for pt 4 Division 4.2 Distribution on intestacy 54 Executor or administrator to hold property of intestate on trust for persons entitled 55 Distribution between spouse and eligible partner 56 Provisions relating to persons who at date of death of intestate are children 57 Estate by courtesy or right of dower not to arise 58 Distribution of intestate estate 59 Interest of partner on intestacy in personal chattels 60 Immovable property of intestate 61 How distribution to issue is made 62 Gifts made before death of intestate 63 How distribution to next of kin is made 64 How distribution to the Administration is made 65 Partial intestacies 66 Presumptions of parentage Division 4.3 Rights of partners to intestate dwelling houses 67 Definitions for div 4.3 68 Claim by partner to dwelling house 69 Valuation 70 Right not exercisable for certain tenancies 71 Right not exercisable in certain other cases 72 Personal representative not to sell or dispose of interest without consent 73 Rule that trustee not to purchase trust property 74 If surviving partner is under legal disability Part 5 Simultaneous deaths 75 Devolution of property Part 6 Functions of executors and administrators 76 Powers of executors and administrators to sell, mortgage or lease real estate 77 Supreme Court may make special order 78 Supreme Court may authorise postponement of realisation and carrying on of business 79 Supreme Court may order partition in summary way 80 Personal representative not required to continue to act against own consent 81 In suits executor or administrator to represent real estate 82 All debts to stand in equal degree 83 Interest on legacies 84 Executor may sign acknowledgment instead of conveyance 85 Summary application for legacy etc 86 Filing and passing accounts 87 Passing and allowance of accounts of executors and administrators 88 If accounts not exhibited registrar to summon administrator before court, which may inflict penalty 89 Proceedings under s 88 not to affect other proceedings 90 Supreme Court may make order about disposal of money in hands of executor etc 91 Payments under revoked probates or administrations valid 92 Persons etc making payments on probate granted for estate of deceased person to be indemnified 93 Distribution of assets 94 Claims barred against executor or administrator in certain cases 95 Distribution of estate by executors and administrators 96 Right to follow assets 97 Executors may compound etc 98 Every executor etc to be deemed resident in Norfolk Island 99 Commission of executors etc and curator 100 Limits of professional charges for obtaining probate etc 101 Bill to be taxed by taxing officer 102 Taxing rules to apply Part 7 Liability of certain persons in relation to deceased estates 103 Fraudulently obtaining or keeping property 104 Persons liable for waste of deceased estate Part 8 Small estates 105 Application to registrar for probate or administration 106 Duties of registrar 107 Issue of probate or administration in name of Supreme Court 108 Matters about which registrar not satisfied 109 Obligation of registrar Part 9 Recognition of foreign grants 110 Orders to collect and administer estates for pt 9 111 Inclusion of orders to collect and Scottish confirmation 112 Reseal of grant made in reciprocating jurisdiction 113 Registrar not to seal 114 Supreme Court may require security 115 Effect of sealing 116 Caveat 117 Seal not to be attached until duty is paid etc Part 10 Curator of Deceased Estates 118 Duties functions and powers of the curator and the deputy curator 119 Estates to the value of $10 000 or less 120 Election to administer estate 121 Orders to curator to collect and administer 122 Effect of order 123 Grant of probate or administration notwithstanding appointment of curator 124 Cessation of rights and liabilities of curator 125 Order to curator to collect and administer in special circumstances 126 Notice of order to be published 127 Supreme Court orders against curator 128 Applications how heard 129 Curator to act as Supreme Court directs 130 Curator may obtain directions of Supreme Court 131 Mode of proceeding under this Act 132 Accounts to be kept etc 133 Receipt of curator sufficient discharge Part 11 –Family provision 134 Application of part 11 135 Eligibility 136 Family provision orders 137 Time for making application under s 136 (1) 138 Variation, suspension and discharge of orders 139 Service of application for order under s 136 or s 138 140 Form of order and burden of provision 141 Class fund 142 Property subject to power of appointment 143 Presumption of death 144 Exoneration of part of estate from provision 145 Operation of order for provision out of estate of deceased person 146 Certified copy of order 147 Permission of court necessary to validity of mortgage, charge or assignment of an interest 148 Property available for provision 149 Protection of administrator 150 Relevance of testator's reasons Part 12 Procedure 151 Method of taking evidence 152 Order to produce instrument purporting to be testamentary Part 13 Miscellaneous 153 Registrar to keep record of probates etc 154 Proved wills and other documents to be held by Supreme Court 155 Official certificate or copy of grants and wills obtainable 156 Costs 157 Person fraudulently disposing of will liable for damages 158 Application of certain sections 159 Repeal and saving Schedule 1 Part 1.1 Order of application of assets if estate solvent Part 1.2 Rules about payment of debts and liabilities if estate insolvent Schedule 2 Distribution of intestate estate on intestacy Part 2.1 Distribution of estate if intestate survived by partner Part 2.2 Distribution of estate if intestate not survived by partner Schedule 3 Part 3.1 Imperial Acts repealed Part 3.2 Acts repealed