Administration

The Administration of a Will and the management of a deceased can be a complicated process, especially when assets or property are spread across multiple states or jurisdictions. This contents page lists all the element involved in estate adminstration. By following the links one can view all the applicable rules in each state and territory of Australia.

This page is accurate and reflects current estate administration laws across Australia as of July 2012

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Definitions

Definition of Administration

Definition of Personal Representative

Definition of a Grant of Representation

CONTENTS

Jurisdiction for a Grant

Resealing jurisdiction requirements

Entitlement to a Grant

Cesser of Right of Executor To Prove Will

Effect of Intermeddling on Renounciation

Effect of renunciation on right to apply for a grant in Another capacity

Retraction of renunciation

Appointment of Administrator

Limited and Special Grants

Administration during the minority of the person

Administration to attorney of person entitled

Maximum Number of personal representatives

Appointment of personal representatives: order of priority for letters of administration: INTESTACY

Appointment of personal representatives: order of priority for letters of administration: WILL ANNEXED

Authorisation and consent of the person entitled to a grant to the appointment of a trustee company or the public trustee: Trustee company legislation

Authorisation and consent of the person entitled to a grant to the appointment of a trustee company or the public trustee: Public Trustee legislation

Grant of probate to the public trustee of another Australian jurisdiction: Administration legislation

Grant of probate to the public trustee of another Australian jurisdiction: Public trustee legislation

Executors by representation

Administrators by Representation

Rights and Liabilities of executor or administrator by representation

Break in the chain of representation

Notice provisions: Original grants

Notice provisions: Resealing of grants

Caveats: Original grants

Caveats: Resealing of grants

Administration Bonds and Sureties

Requirements for Administration Bonds and Sureties on an application for resealing

Vesting of Property: Death of person intestate

Vesting of Property: Death of person testate

Vesting of a deceased person's property when a grant is made

Vesting of property appointed by will in the exercise of a General power of appointment

Assimilation of the rights and liabilities of executors and Administrators

Statutory expression of the principal duties of a personal Representative

Duty to file an inventory

Duty To File An Inventory: Resealed Grants

Duty to file and pass accounts

Release of a personal representative or trustee

Power of a court to relieve personal representative from liability

The Executor's year: No compulsion to distribute within a year of the deceased's death

Authority to postpone realisation of property and carry on business

Duty of administrator holding property for certain Beneficiaries to transfer property to the public trustee

The Powers Of A Personal Representative

Additional Powers of Personal Representative

Limits to exercise of powers of personal representative when a grant is made

Exercise of powers where more than one personal representative

Assent

Executor may sign acknowledgment in lieu of conveyance

Power of a trustee/ beneficiary to appropriate assets to beneficiaries

Provisions for the discharge and appointment of trustees

Discharge of trustee Payment into court

Appointment of trustees of minors’ property

Power to transfer property (held on trust for minor) to public trustee or trustee company

Sale of Property held on trust for a minor

The court’s power to authorise dealings or enlarge trustees’ powers

The court’s power to vary a trust where one of the beneficiaries is a minor and is incapable of assenting to the proposed variation

Investment of property held on trust for a minor

Payments to minors out of the capital of trust property

Application of income of settled residuary real or personal estate: The rule in Allhusen v Whittell

Liability of a personal representative: Liability for neglect of duty

The liability of a personal representative: Neglect or refusal to transfer or convey land or hand over legacies

The liability of a personal representative: Liability of an attorney-administrator for a foreign principal

Assets for the payment of debts: Property held beneficially by a deceased person

Assets for the payment of debts: Property appointed by will in the exercise of a general power of appointment

Payment of debts in an insolvent estate

Payment of debts in an insolvent estate: Crown debts

Payment of debts in an insolvent estate: Provisions abolishing various common law priorities: Case of Speciality Debts

Payment of debts in an insolvent estate: The right to prefer creditors and the right of retainer

Payment of debts in a solvent estate: The order of application of assets

Payment of debts in a solvent estate: Rateability

Payment of debts in a solvent estate: Variation of the order of application of assets by the expression of a contrary intention

Payment of debts in a solvent estate: Payment of debts where property mortgaged or charged

Payment of debts in a solvent estate: Payment of debts where property mortgaged or charged--Location of an expression of a contrary or other intention

Payment of debts in a solvent estate: Payment of debts where property mortgaged or charged--Expressions signifying a contrary or other intention

Payment of debts in a solvent estate: Payment of debts where property mortgaged or charged--Rights of mortgagees

Payment of legacies and devises: General legacies (including general pecuniary legacies)

Payment of legacies and devises: The payment of interest on general legacies

Payment of legacies and devises: Exceptions to the general rule about the payment of interest on legacies

Partition of land: Property law and partition legislation

Partition of land: Administration legislation

Obtaining the court’s advice or directions: Australian court rules providing for partial relief without general administration

Obtaining the court’s advice or directions: Trustee Legislation provisions

Obtaining the court’s advice or directions: Administration Legislation provisions

Distribution after notice: Trustee legislation provisions

Distribution after notice: Administration Legislation provisions

Distribution after notice: Requirements of the prescribed notice

Distribution after notice: Period of time for submitting claim

Distribution after notice: Protection of personal representative

Distribution after notice: Protection of person administering estate without a grant

The right to follow assets that have been wrongfully distributed: Trustee Legislation

The right to follow assets that have been wrongfully distributed: Administration Legislation

Barring of claims

Survivorship and presumptions of death

The court’s jurisdiction to make a grant on the presumption of death

The court’s jurisdiction to make a grant on the presumption of death: The terms of the grant and any ancillary orders

The revocation of grants and the effect of revocation

The revocation of grants and the effect of revocation: Relinquishing the office of executor or administrator

The revocation of grants and the effect of revocation: Effect of revocation of grant

The revocation of grants and the effect of revocation: Revocation of grant made in respect of a living person

Survival of causes of action

Allowance of Commission by Court

Specific provision in WILL for commission

Commission: Public Trustees

Commission: Trustee companies

Commission: Entitlement to commission when administering an estate other than under a grant

Dealings with wills: Power of court to order production of a will and examination of a person

Dealings with wills: Right of an entitled person to inspect and obtain a copy of a will

Dealings with wills: Liability for concealing, etc. a will

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administer

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administer: The value of the estate

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administer: Existence of a pre-existing entitlement to obtain a grant or, in the case of a public trustee, an order to administer the estate

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administer: The content of the election to administer

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administer: Requirements to give public notice

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Election to administer the unadministered part of an estate - Public Trustee Legislation

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Election to administer the unadministered part of an estate-Trustee Company Legislation

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Administration of small estates without a grant or the filing of an election to administer

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Administration of small estates without a grant or the filing of an election to administer: The value of the estate

Administration of small estates without a grant or the filing of an election to administer: Existence of a pre-existing entitlement to obtain a grant or, in the case of a public trustee, an order to administer

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Administration of small estates without a grant or the filing of an election to administer: Requirements to give public notice

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Costs

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Transfer of real property

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Informal administration: administering an estate without a grant

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Ratification of acts by personal representative

Mechanisms to facilitate administration and to minimise the need to obtain a grant: Payments by third parties without production of grant

Resealing: an overview: Resealing of grants

Instruments that may be resealed: Grants of probate and Letters of administration

Instruments that may be resealed: Letters of administration granted for special, limited or Temporary purposes

Instruments that may be resealed: Instruments that have a similar effect to a grant of probate or administration made in the resealing jurisdiction

Instruments that may be resealed: Orders to administer

Instruments that may be resealed: Orders to administer: Resealing: the existing law

Instruments that may be resealed: Election to administer

Countries whose grants may be resealed

Persons who may apply for the resealing of a grant

Persons who may apply for the resealing of a grant: Executor by representation

Persons who may apply for the resealing of a grant: Executor or administrator by representation constituted under section 44(2) of the Probate and Administration Act 1898 (NSW)

Persons who may apply for the resealing of a grant: The public trustee in whose favour an order to administer is made

Effects of resealing a grant: Same force and effect as an original grant

Effects of resealing a grant: Assimilation with the position of a personal representative: The persons on whom the relevant duties and liabilities are imposed

Effects of resealing a grant: Assimilation with the position of a personal representative: Extent of assimilation

Effects of resealing a grant: Transfer of balance of estate by attorney under power to foreign PR

The resealing process: The required documentation

The resealing process: Multiple personal representatives

The resealing process: Application by a foreign trustee company for the resealing of a grant

The resealing process: Notification

The resealing process: Succession Duty

Choice of law issues: The person in whose favour a grant may be made or resealed : Original grants

Choice of law issues: The person in whose favour a grant may be made or resealed: resealing of grants

Automatic Recognition of a Grant throughout Australia

Range of Australian grants to which automatic recognition should be given

Application of the proposed scheme to orders to administer and elections to administer

Making of a limited grant if the deceased died domiciled in another state or territory

Making of a limited grant if the deceased died domiciled in another state or territory

Effect of an endorsed interstate grant on a local limited grant, an election to administer or a resealed grant

Protection for personal representative whose limited grant has ceased to have effect

The effect of automatic recognition on other areas of succession law: Validity of wills

The effect of automatic recognition on other areas of succession law: Family provision

The effect of automatic recognition on other areas of succession law: Family provision-requirement of grant

Miscellaneous administration provisions: Application for a grant to be made in accordance with court Rules

Miscellaneous administration provisions: Delay In Applying For A Grant Or The Resealing Of A Grant

Miscellaneous administration provisions: Application By A Non-Resident Executor Or Administrator

Miscellaneous administration provisions: Deemed residence of, and service on, a non-resident executor/ Administrator

Miscellaneous administration provisions: Deemed residence of, and service on, a non-resident executor/ Administrator

Miscellaneous administration provisions: Finding as to domicile

Miscellaneous administration provisions: Record of grant

Miscellaneous administration provisions: Registrar's powers

Miscellaneous administration provisions: Court practice

Miscellaneous administration provisions: Service