Administration Act 1903 (WA)

Western Australia Administration Act 1903 Western Australia Administration Act 1903 Contents Part I — Preliminary 1. Short title and construction 2 3. Terms used 2 3A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 3 Part II — Probate and administration 4. Jurisdiction of Court as heretofore 4 5. Duties of Principal Registrar 4 6. Power to grant probate and administration 4 7. Probate may be granted to one or more executors 4 8. Upon grant of probate or administration real and personal estate to vest in executor or administrator 4 9. Real estate to vest subject to trusts 5 10. Real and personal estate to be assets 5 10A. Insolvent estates 6 11. Subject as aforesaid real estate to vest according to will 6 12. Executor to have same rights and duties as to real estate as heretofore as to personal estate 6 12A. Entitlement to participation in distribution of intestate estates 7 12B. Relationships of whole and half blood 8 13. Real and personal estate in case of intestacy 8 14. Entitlements on intestacy 9 14A. Order declaring sum that is to apply for specified item 18 14B. Minister must review sums for specified items 19 15. De facto partners and distribution on intestacy 19 16. Courtesy and dower abolished 21 17. Court may deal with interest of infants in certain cases 21 17A. Power to appoint trustees of infant's property 22 19. Court may direct partition of real estate 23 20. Personal representative may relinquish trust 24 21. Executor or administrator to represent real estate 24 23. All creditors to stand in equal degree 24 24. Administration in case of intestacy 25 25. Persons entitled to administration 25 26. Power to require administrator to produce sureties 25 29. Court may revoke grant of administration 27 32. In case of renunciation or failure to take probate, right of executor gone 27 33. Where infant is executor etc. 28 34. Where person entitled to probate or administration is out of the jurisdiction 28 35. Court may appoint manager and receiver pending litigation 28 36. Administration with will annexed 29 37. Probate or administration if executor etc. absent or neglects to obtain probate etc. 29 38. Special letters of administration if executor or administrator not within jurisdiction 29 39. On return of executor or administrator, special administration may be revoked 30 40. Absent executor liable to account 30 41. Revocation pending litigation not to abate proceedings 30 42. Devisee or legatee may apply to Court in certain cases 31 43. Inventory and accounts 31 44. If accounts not filed Principal Registrar to give notice etc. 32 45. Court may settle all questions arising in administration 32 46. Payments made before revocation to be valid 32 47. Payments etc. to be valid notwithstanding defect 33 47A. Protection of executors, administrators and trustees 33 53. Executor deemed to be resident in State 34 54. Court may appoint district agents 34 55. Where estate does not exceed $10 000 the Principal Registrar or district agent may act 35 56. Information to be furnished by Principal Registrar or agent 35 57. Applications to be transmitted by agent to Principal Registrar 35 58. Principal Registrar to refer matter back to agent if not satisfied 36 60. Principal Registrar may refer to Court 36 60A. Application of Family Provision Act 1972 37 Part III — Foreign probates and administration 61. Foreign probates etc. may be sealed 38 62. Power to require sureties to be provided before foreign administration sealed 38 Part IV — Caveats 63. Caveat 40 64. Court may remove caveat 40 Part V — Duties on deceased persons' estates and succession duties 71. No will to be registered or admissible in evidence until proved 41 Part VI — Miscellaneous 139. Deposits not exceeding prescribed amount in any ADI may be paid to widow or next of kin without probate or administration 42 140. Records of grants etc. 43 141. Court may appoint attorney for absent executor 43 142. Payment of balance of estate to Curator or Public Trustee of State or Colony where deceased was domiciled. Public Trustee may receive any part of estate from outside the State 44 143A. Rate of interest payable on legacies 45 143B. Saving provision as to bonds 45 144. Rules of Court 45 Fourth Schedule — Rights in respect of dwelling houses 1. Rights of surviving spouse if dwelling house is residence 47 2. Court order required in certain cases 48 3. Time limit for exercising right under par. 1 48 4. Mode of exercising right under par. 1 49 5. Determination of value 49 6. Restriction on sale during election period 49 7. Surviving spouse as sole personal representative 50 8. Surviving spouse not of full mental capacity 51 9. Terms used 51 Fifth Schedule — Rules as to payment of debts and liabilities of insolvent estates 1. Expenses having priority 52 2. Demand for unliquidated damages 52 3. Rules of bankruptcy apply 52 Notes Compilation table 53 Other notes 58 Defined terms Western Australia Administration Act 1903 An Act to consolidate and amend the law relating to probate and administration and the duties on the estates of deceased persons and for other purposes.