All pages

Jump to: navigation, search
All pages
 
All pages
A Practical Guide For The World Of Plastic Surgery 103599Additional Powers of Personal RepresentativeAdditional provisions-- Delivery of wills by registrar
Additional provisions-- Deposit of Wills with registrarAdditional provisions-- Persons entitled to see the willAdministration
Administration Bonds and SuretiesAdministration during the minority of the personAdministration 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
Administration to attorney of person entitledAdministrators by RepresentationAdmissibility of testator's reasons
Allowance of Commission by CourtAnti-avoidanceApplicants without capacity
Application of income of settled residuary real or personal estate: The rule in Allhusen v WhittellApplication of the proposed scheme to orders to administer and elections to administerAppointment of Administrator
Appointment of personal representatives: order of priority for letters of administration: INTESTACYAppointment of personal representatives: order of priority for letters of administration: WILL ANNEXEDAppointment of trustees of minors’ property
AssentAssets for the payment of debts: Property appointed by will in the exercise of a general power of appointmentAssets for the payment of debts: Property held beneficially by a deceased person
Assimilation of the rights and liabilities of executors and AdministratorsAttestation ClauseAuthorisation and consent of the person entitled to a grant to the appointment of a trustee company or the public trustee: Public Trustee legislation
Authorisation and consent of the person entitled to a grant to the appointment of a trustee company or the public trustee: Trustee company legislationAuthority to postpone realisation of property and carry on businessAutomatic Recognition of a Grant throughout Australia
Barring of claimsBearing the share of the orderBreak in the chain of representation
Caveats: Original grantsCaveats: Resealing of grantsCesser of Right of Executor To Prove Will
Choice of law issues: The person in whose favour a grant may be made or resealed: resealing of grantsChoice of law issues: The person in whose favour a grant may be made or resealed : Original grantsCommission: Entitlement to commission when administering an estate other than under a grant
Commission: Public TrusteesCommission: Trustee companiesConstruction and Rectification of Wills - Construction of dispositions: Disposition of fractional part in particular case
Construction and Rectification of Wills - Construction of dispositions: Disposition of real estate or personal estate may include both in particular caseConstruction and Rectification of Wills - Effect of a devise of real property without words of limitationConstruction and Rectification of Wills - Effect of dispositions to issue
Construction and Rectification of Wills - Effect of requirement to survive with issueConstruction and Rectification of Wills - Lapse of benefit where beneficiary does not survive testator by 30 daysConstruction and Rectification of Wills - Power of Court to rectify wills
Construction and Rectification of Wills - Statutory substitutional provisions in the event of lapseContents of ordersCountries whose grants may be resealed
Dealings with wills: Liability for concealing, etc. a willDealings with wills: Power of court to order production of a will and examination of a personDealings with wills: Right of an entitled person to inspect and obtain a copy of a will
Defining the propertyDefinition of "spouse"Definition of Administration
Definition of Personal RepresentativeDefinition of a Grant of RepresentationDefinition of domestic partner or de facto relationship
DefinitionsDischarge of trustee Payment into courtDistribution after notice: Administration Legislation provisions
Distribution after notice: Period of time for submitting claimDistribution after notice: Protection of person administering estate without a grantDistribution after notice: Protection of personal representative
Distribution after notice: Requirements of the prescribed noticeDistribution after notice: Trustee legislation provisionsDistribution where there is a surviving spouse but no issue
Duty To File An Inventory: Resealed GrantsDuty of administrator holding property for certain Beneficiaries to transfer property to the public trusteeDuty to file an inventory
Duty to file and pass accountsEffect of Intermeddling on RenounciationEffect of an endorsed interstate grant on a local limited grant, an election to administer or a resealed grant
Effect of renunciation on right to apply for a grant in Another capacityEffect of the orderEffects of resealing a grant: Assimilation with the position of a personal representative: Extent of assimilation
Effects of resealing a grant: Assimilation with the position of a personal representative: The persons on whom the relevant duties and liabilities are imposedEffects of resealing a grant: Same force and effect as an original grantEffects of resealing a grant: Transfer of balance of estate by attorney under power to foreign PR
Eight Beauty Set Musthaves 103593Eligibility to apply (as of right)Eligibility to apply (entitled to apply)
Entitlement to a GrantExecutor may sign acknowledgment in lieu of conveyanceExecutors by representation
Exercise of powers where more than one personal representativeExtension of time limitFactors of which the court must be satisfied
Family Provision ApplicationFormal validity of Wills:General rule as to formal validityFormal validity of Wills: Ascertainment of system of internal law
Formal validity of Wills: Definition of internal lawFormalities - WritingGift to Attesting Witnesses
Gift to InterpretersGrant of probate to the public trustee of another Australian jurisdiction: Administration legislationGrant of probate to the public trustee of another Australian jurisdiction: Public trustee legislation
How a Will may be alteredInstruments that may be resealed: Election to administerInstruments that may be resealed: Grants of probate and Letters of administration
Instruments that may be resealed: Instruments that have a similar effect to a grant of probate or administration made in the resealing jurisdictionInstruments that may be resealed: Letters of administration granted for special, limited or Temporary purposesInstruments that may be resealed: Orders to administer
Instruments that may be resealed: Orders to administer: Resealing: the existing lawIntestacyInvestment of property held on trust for a minor
Is there a distinction between total and partial intestacy?Jurisdiction for a GrantLiability of a personal representative: Liability for neglect of duty
Limited and Special GrantsLimits to exercise of powers of personal representative when a grant is madeMain Page
Making of a limited grant if the deceased died domiciled in another state or territoryMatters to be considered by the court in determining adequacy of provisionMaximum Number of personal representatives
Meaning of 'the estate'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 administerMechanisms 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: Administration of small estates without a grant or the filing of an election to administer: The value of the estateMechanisms to facilitate administration and to minimise the need to obtain a grant: CostsMechanisms 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: Election to administer the unadministered part of an estate - Public Trustee LegislationMechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administerMechanisms 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: Requirements to give public noticeMechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administer: The content of the election to administerMechanisms 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: Informal administration: administering an estate without a grantMechanisms to facilitate administration and to minimise the need to obtain a grant: Payments by third parties without production of grantMechanisms 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: Transfer of real propertyMiscellaneous Provisions of Succession Act, 1981 (Qld)--Powers of personal representativesMiscellaneous Provisions of Succession Act, 1981 (Qld)-- Provisions in wills referring to values placed on property
Miscellaneous Provisions of Succession Act, 1981 (Qld)-- Survival of actionsMiscellaneous Provisions of Succession Act, 1981 (Qld)-- presumption of survivorshipMiscellaneous Provisions of Succession Act, 1981 (Qld)- Certain powers and trusts as invalid as delegation of will-making power
Miscellaneous Provisions of Succession Act, 1981 (Qld) -Intermediate income on contingent and future bequests and devisesMiscellaneous administration provisions: Application By A Non-Resident Executor Or AdministratorMiscellaneous administration provisions: Application for a grant to be made in accordance with court Rules
Miscellaneous administration provisions: Court practiceMiscellaneous administration provisions: Deemed residence of, and service on, a non-resident executor/ AdministratorMiscellaneous administration provisions: Delay In Applying For A Grant Or The Resealing Of A Grant
Miscellaneous administration provisions: Finding as to domicileMiscellaneous administration provisions: Record of grantMiscellaneous administration provisions: Registrar's powers
Miscellaneous administration provisions: ServiceNo Will to be revoked by presumptionNotice provisions: Original grants
Notice provisions: Resealing of grantsObtaining the court’s advice or directions: Administration Legislation provisionsObtaining 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 provisionsPartition of land: Administration legislationPartition of land: Property law and partition legislation
Payment of debts in a solvent estate: Payment of debts where property mortgaged or chargedPayment of debts in a solvent estate: Payment of debts where property mortgaged or charged--Expressions signifying a contrary or other intentionPayment 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--Rights of mortgageesPayment of debts in a solvent estate: RateabilityPayment of debts in a solvent estate: The order of application of assets
Payment of debts in a solvent estate: Variation of the order of application of assets by the expression of a contrary intentionPayment of debts in an insolvent estatePayment of debts in an insolvent estate: Crown debts
Payment of debts in an insolvent estate: Provisions abolishing various common law priorities: Case of Speciality DebtsPayment of debts in an insolvent estate: The right to prefer creditors and the right of retainerPayment of legacies and devises: Exceptions to the general rule about the payment of interest on legacies
Payment of legacies and devises: General legacies (including general pecuniary legacies)Payment of legacies and devises: The payment of interest on general legaciesPayments to minors out of the capital of trust property
Persons who cannot act as Witness to a WillPersons who may apply for the resealing of a grantPersons 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 madePower of a court to relieve personal representative from liability
Power of a trustee/ beneficiary to appropriate assets to beneficiariesPower to transfer property (held on trust for minor) to public trustee or trustee companyPowers of Appointment
Presumption of deathProbate and letters of administrationProcedure for election
Protection for personal representative whose limited grant has ceased to have effectProtection of administratorsProtection of distributions
Protection of subsequent applicantsProvisions for the discharge and appointment of trusteesPublication of Unnecessary
Range of Australian grants to which automatic recognition should be givenRelease of a personal representative or trusteeRelevant Legislation
Relevant Legislation: IntestacyRequirements for Administration Bonds and Sureties on an application for resealingResealing: an overview: Resealing of grants
Resealing jurisdiction requirementsRetraction of renunciationRevocation by instrument or destruction
Right of election given?Rights and Liabilities of executor or administrator by representationRules relating to a minor making a will
Sale of Property held on trust for a minorSatisfying the value of the interestSigning a will
Specific provision in WILL for commissionSpouse's entitlement to personal effects where intestate is survived by spouse and issue who are issue from another relationshipStamp and estate duty
Statutory expression of the principal duties of a personalStatutory expression of the principal duties of a personal RepresentativeStatutory legacy for surviving spouse where intestate is survived by spouse and issue who are issue from another relationship
Substantial Compliance and General Dispensing PowerSurvival of causes of actionSurvivorship and presumptions of death
The Construction and Rectification of Wills - Change of DomicileThe Construction and Rectification of Wills - Effect of Failure of DispositionThe Construction and Rectification of Wills - Effect of Subsequent conveyance on operation of will
The Construction and Rectification of Wills - Effect of general disposition of LandThe Construction and Rectification of Wills - Effect of general disposition of PropertyThe Construction and Rectification of Wills - Use of Extrinsic Evidence to clarify
The Construction and Rectification of Wills - When a Will takes effectThe Court's discretion to order further provisionThe Effect of divorce on a Will
The Executor's year: No compulsion to distribute within a year of the deceased's deathThe Making of Wills: Property to which a will appliesThe Powers Of A Personal Representative
The Revival or revoked willsThe Revocation and revival of wills: The revocation of will by marriageThe 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 ordersThe court’s power to authorise dealings or enlarge trustees’ powersThe court’s power to vary a trust where one of the beneficiaries is a minor and is incapable of assenting to the proposed variation
The effect of automatic recognition on other areas of succession law: Family provisionThe effect of automatic recognition on other areas of succession law: Family provision-requirement of grantThe effect of automatic recognition on other areas of succession law: Validity of wills
The liability of a personal representative: Liability of an attorney-administrator for a foreign principalThe liability of a personal representative: Neglect or refusal to transfer or convey land or hand over legaciesThe resealing process: Application by a foreign trustee company for the resealing of a grant
The resealing process: Multiple personal representativesThe resealing process: NotificationThe resealing process: Succession Duty
The resealing process: The required documentationThe revocation of grants and the effect of revocationThe revocation of grants and the effect of revocation: Effect of revocation of grant
The revocation of grants and the effect of revocation: Relinquishing the office of executor or administratorThe revocation of grants and the effect of revocation: Revocation of grant made in respect of a living personThe right to follow assets that have been wrongfully distributed: Administration Legislation
The right to follow assets that have been wrongfully distributed: Trustee LegislationTime for electionTime limits for making application
Transfer valueValuation procedureVariations of order
Vesting of Property: Death of person intestateVesting of Property: Death of person testateVesting 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 appointmentWhere there is surviving spouse and surviving issue who are also descendants of that spouseWill Making - The Australian Uniform Succession Law Project(USL)
Wills made with Court Authorisation-Wills for persons without testamentary capacity-Court may make certain ordersWills made with Court Authorisation-Wills for persons without testamentary capacity- Definition of statutory willsWills made with Court Authorisation-Wills for persons without testamentary capacity- Recognition of statutory wills
Wills made with Court Authorisation - Retention of willsWills made with Court Authorisation - Wills by MinorsWills made with Court Authorisation - Wills for persons without testamentary capacity - Execution of a will
Wills made with Court Authorization - Retention of wills