Probate and Administration Act 1898 (NSW)

Probate and Administration Act 1898 No 13

An Act to consolidate enactments relating to Wills, Probate and Administration.

Part 1AA Preliminary

1 Name of Act This Act may be cited as the Probate and Administration Act 1898.

2 Repeals and savings (1) The Acts mentioned in the First Schedule to this Act to the extent therein expressed are hereby repealed. (2) All persons appointed by virtue of the provisions of any Act hereby repealed and holding office at the passing of this Act shall be deemed to have been appointed hereunder. (3) All rules of Court made under the authority of any Act hereby repealed, and being in force at the passing of this Act, shall be deemed to have been made under the authority of this Act.

3 Definitions (1) In this Act, unless the context or subject matter otherwise indicates or requires— Administrator includes the NSW Trustee and any other person to whom administration as hereinafter defined is granted. Administration includes all letters of administration of the real and personal estate and effects of deceased persons whether with or without the will annexed, and whether granted for general, special, or limited purposes, also exemplification of letters of administration or such other formal evidence of the letters of administration purporting to be under the seal of a Court of competent jurisdiction as is in the opinion of the Court deemed sufficient. The Court means the Supreme Court of New South Wales. Minor means a person under the age of eighteen years. NSW Trustee means the NSW Trustee and Guardian constituted under the NSW Trustee and Guardian Act 2009. Probate includes "exemplification of probate" or any other formal document purporting to be under the seal of a court of competent jurisdiction which, in the opinion of the Court, is deemed sufficient. Rule Committee means— (a) the committee established under section 123 of the Supreme Court Act 1970, or (b) the Uniform Rules Committee established under section 8 of the Civil Procedure Act 2005. Will extends to a testament and to a codicil and to any appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child by virtue of the Imperial Act twelfth Charles the Second, chapter twenty-four, and to any other testamentary disposition. Real estate extends to messuages, lands, rents, and hereditaments, of freehold or any other tenure, and whether corporeal, incorporeal or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein, and in part 2 includes lands held under building leases or any lease for twenty-one years and upwards. Personal estate, except in part 2 as hereinbefore mentioned, extends to leasehold estates and other chattels real, and also to moneys, shares of government and other funds, securities for money (not being real estates), debts, choses in action, rights, credits, goods, and all other property whatsoever, which, prior to the coming into operation of the Real Estates of Intestates Distribution Act of 1862, commonly known as "Dr. Lang's Act," by law devolved upon the executor or administrator, and to any share or interest therein. Registrar means a person who is— (a) appointed in accordance with section 120 of the Supreme Court Act 1970, and (b) nominated by the Principal Registrar of the Supreme Court for the purposes of this Act. Rules means rules made or in force by or under the Supreme Court Act 1970 or the Civil Procedure Act 2005. Seal of the Court means seal of the Court as provided for by the Rules. Trustee company means a licensed trustee company within the meaning of Chapter 5D of the Corporations Act 2001 of the Commonwealth authorised by an Act of New South Wales to act as trustee. (2) Notes in this Act do not form part of this Act.