Difference between revisions of "Administration"

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(Created page with "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 jurisdictio...")
 
 
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This page is accurate and reflects current estate administration laws across Australia as of July 2012
 
This page is accurate and reflects current estate administration laws across Australia as of July 2012
  
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'''Definitions'''
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[[Definition of Administration]]
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[[Definition of Personal Representative]]
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[[Definition of a Grant of Representation]]
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'''CONTENTS'''
  
 
[[Jurisdiction for a Grant]]
 
[[Jurisdiction for a Grant]]
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[[Limited and Special Grants]]
 
[[Limited and Special Grants]]
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[[Administration during the minority of the person]]
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[[Administration to attorney of person entitled]]
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[[Maximum Number of personal representatives]]
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[[Appointment of personal representatives: order of priority for letters of administration: INTESTACY]]
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[[Appointment of personal representatives: order of priority for letters of administration: WILL ANNEXED]]
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[[Authorisation and consent of the person entitled to a grant to the appointment of a trustee company or the public trustee: Trustee company legislation]]
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[[Authorisation and consent of the person entitled to a grant to the appointment of a trustee company or the public trustee: Public Trustee legislation]]
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[[Grant of probate to the public trustee of another Australian jurisdiction: Administration legislation]]
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[[Grant of probate to the public trustee of another Australian jurisdiction: Public trustee legislation]]
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[[Executors by representation]]
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[[Administrators by Representation]]
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[[Rights and Liabilities of executor or administrator by representation]]
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[[Break in the chain of representation]]
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[[Notice provisions: Original grants]]
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[[Notice provisions: Resealing of grants]]
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[[Caveats: Original grants]]
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[[Caveats: Resealing of grants]]
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[[Administration Bonds and Sureties]]
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[[Requirements for Administration Bonds and Sureties on an application for resealing]]
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[[Vesting of Property: Death of person intestate]]
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[[Vesting of Property: Death of person testate]]
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[[Vesting of a deceased person's property when a grant is made]]
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[[Vesting of property appointed by will in the exercise of a General power of appointment ]]
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[[Assimilation of the rights  and liabilities of executors and Administrators]]
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[[Statutory expression of the principal duties of a personal Representative]]
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[[Duty to file an inventory]]
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[[Duty To File An Inventory: Resealed Grants]]
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[[Duty to file and pass accounts]]
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[[Release of a personal representative or trustee]]
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[[Power of a court to relieve personal representative from liability]]
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[[The Executor's year: No compulsion to distribute within a year of the deceased's death]]
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[[Authority to postpone realisation of property and carry on business]]
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[[Duty of administrator holding property for certain Beneficiaries to transfer property to the public trustee]]
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[[The Powers Of A Personal Representative]]
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[[Additional Powers of Personal Representative]]
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[[Limits to exercise of powers of personal representative when a grant is made]]
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[[Exercise of powers where more than one personal representative]]
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[[Assent]]
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[[Executor may sign acknowledgment in lieu of conveyance]]
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[[Power of a trustee/ beneficiary to appropriate assets to beneficiaries]]
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[[Provisions for the discharge and appointment of trustees]]
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[[Discharge of trustee Payment into court]]
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[[Appointment of trustees of minors’ property]]
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[[Power to transfer property (held on trust for minor) to public trustee or trustee company]]
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[[Sale of Property held on trust for a minor]]
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[[The court’s power to authorise dealings or enlarge trustees’ powers]]
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[[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]]
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[[Investment of property held on trust for a minor]]
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[[Payments to minors out of the capital of trust property]]
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[[Application of income of settled residuary real or personal estate: The rule in Allhusen v Whittell]]
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[[Liability of a personal representative: Liability for neglect of duty]]
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[[The liability of a personal representative: Neglect or refusal to transfer or convey land or hand over legacies]]
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[[The liability of a personal representative: Liability of an attorney-administrator for a foreign principal]]
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[[Assets for the payment of debts: Property held beneficially by a deceased person]]
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[[Assets for the payment of debts: Property appointed by will in the exercise of a general power of appointment]]
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[[Payment of debts in an insolvent estate]]
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[[Payment of debts in an insolvent estate: Crown debts]]
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[[Payment of debts in an insolvent estate: Provisions abolishing various common law priorities: Case of Speciality Debts]]
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[[Payment of debts in an insolvent estate: The right to prefer creditors and the right of retainer]]
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[[Payment of debts in a solvent estate: The order of application of assets]]
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[[Payment of debts in a solvent estate: Rateability]]
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[[Payment of debts in a solvent estate: Variation of the order of application of assets by the expression of a contrary intention]]
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[[Payment of debts in a solvent estate: Payment of debts where property mortgaged or charged]]
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[[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]]
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[[Payment of debts in a solvent estate: Payment of debts where property mortgaged or charged--Expressions signifying a contrary or other intention]]
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[[Payment of debts in a solvent estate: Payment of debts where property mortgaged or charged--Rights of mortgagees]]
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[[Payment of legacies and devises: General legacies (including general pecuniary legacies)]]
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[[Payment of legacies and devises: The payment of interest on general legacies]]
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[[Payment of legacies and devises: Exceptions to the general rule about the payment of interest on legacies]]
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[[Partition of land: Property law and partition legislation]]
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[[Partition of land: Administration legislation]]
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[[Obtaining the court’s advice or directions: Australian court rules providing for partial relief without general administration]]
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[[Obtaining the court’s advice or directions: Trustee Legislation provisions]]
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[[Obtaining the court’s advice or directions: Administration Legislation provisions]]
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[[Distribution after notice: Trustee legislation provisions]]
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[[Distribution after notice: Administration Legislation provisions]]
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[[Distribution after notice: Requirements of the prescribed notice]]
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[[Distribution after notice: Period of time for submitting claim]]
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[[Distribution after notice: Protection of personal representative]]
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[[Distribution after notice: Protection of person administering estate without a grant]]
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[[The right to follow assets that have been wrongfully distributed: Trustee Legislation]]
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[[The right to follow assets that have been wrongfully distributed: Administration Legislation]]
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[[Barring of claims]]
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[[Survivorship and presumptions of death]]
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[[The court’s jurisdiction to make a grant on the presumption of death]]
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[[The court’s jurisdiction to make a grant on the presumption of death: The terms of the grant and any ancillary orders]]
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[[The revocation of grants and the effect of revocation]]
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[[The revocation of grants and the effect of revocation: Relinquishing the office of executor or administrator]]
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[[The revocation of grants and the effect of revocation: Effect of revocation of grant]]
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[[The revocation of grants and the effect of revocation: Revocation of grant made in respect of a living person]]
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[[Survival of causes of action]]
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[[Allowance of Commission by Court]]
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[[Specific provision in WILL for commission]]
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[[Commission: Public Trustees]]
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[[Commission: Trustee companies]]
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[[Commission: Entitlement to commission when administering an estate other than under a grant]]
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[[Dealings with wills:  Power of court to order production of a will and examination of a person]]
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[[Dealings with wills: Right of an entitled person to inspect and obtain a copy of a will]]
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[[Dealings with wills: Liability for concealing, etc. a will]]
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[[Mechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administer]]
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[[Mechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administer: The value of the estate]]
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[[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]]
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[[Mechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administer: The content of the election to administer]]
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[[Mechanisms to facilitate administration and to minimise the need to obtain a grant: Elections to administer: Requirements to give public notice]]
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[[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]]
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[[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]]
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[[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]]
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[[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]] 
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[[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]]
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[[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]]
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[[Mechanisms to facilitate administration and to minimise the need to obtain a grant: Costs]]
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[[Mechanisms to facilitate administration and to minimise the need to obtain a grant: Transfer of real property]]
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[[Mechanisms to facilitate administration and to minimise the need to obtain a grant: Informal administration: administering an estate without a grant]] 
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[[Mechanisms to facilitate administration and to minimise the need to obtain a grant: Ratification of acts by personal representative]]
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[[Mechanisms to facilitate administration and to minimise the need to obtain a grant: Payments by third parties without production of grant]]
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[[Resealing: an overview: Resealing of grants]]
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[[Instruments that may be resealed: Grants of probate and Letters of administration]]
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[[Instruments that may be resealed: Letters of administration granted for special, limited or Temporary purposes]]
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[[Instruments that may be resealed: Instruments that have a similar effect to a grant of probate or administration made in the resealing jurisdiction]]
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[[Instruments that may be resealed: Orders to administer]]
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[[Instruments that may be resealed: Orders to administer: Resealing: the existing law]]
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[[Instruments that may be resealed: Election to administer]]
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[[Countries whose grants may be resealed]]
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[[Persons who may apply for the resealing of a grant]]
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[[Persons who may apply for the resealing of a grant: Executor by representation]]
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[[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)]]
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[[Persons who may apply for the resealing of a grant: The public trustee in whose favour an order to administer is made]]
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[[Effects of resealing a grant: Same force and effect as an original grant]]
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[[Effects of resealing a grant: Assimilation with the position of a personal representative: The persons on whom the relevant duties and liabilities are imposed]]
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[[Effects of resealing a grant: Assimilation with the position of a personal representative: Extent of assimilation]]
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[[Effects of resealing a grant: Transfer of balance of estate by attorney under power to foreign PR]]
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[[The resealing process: The required documentation]]
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[[The resealing process: Multiple personal representatives]]
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[[The resealing process: Application by a foreign trustee company for the resealing of a grant]]
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[[The resealing process: Notification ]]
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[[The resealing process: Succession Duty]]
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[[Choice of law issues: The person in whose favour a grant may be made or resealed : Original grants]]
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[[Choice of law issues: The person in whose favour a grant may be made or resealed: resealing of grants]]
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[[Automatic Recognition of a Grant throughout Australia]]
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[[Range of Australian grants to which automatic recognition should be given]]
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[[Application of the proposed scheme to orders to administer and elections to administer]]
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[[Making of a limited grant if the deceased died domiciled in another state or territory]]
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[[Making of a limited grant if the deceased died domiciled in another state or territory]]
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[[Effect of an endorsed interstate grant on a local limited grant, an election to administer or a resealed grant]]
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[[Protection for personal representative whose limited grant has ceased to have effect]]
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[[The effect of automatic recognition on other areas of succession law: Validity of wills]]
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[[The effect of automatic recognition on other areas of succession law: Family provision]]
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[[The effect of automatic recognition on other areas of succession law: Family provision-requirement of grant]]
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[[Miscellaneous administration provisions: Application for a grant to be made in accordance with court Rules]]
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[[Miscellaneous administration provisions: Delay In Applying For A Grant Or The Resealing Of A Grant]]
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[[Miscellaneous administration provisions: Application By A Non-Resident Executor Or Administrator]]
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[[Miscellaneous administration provisions: Deemed residence of, and service on, a non-resident executor/ Administrator]]
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[[Miscellaneous administration provisions: Deemed residence of, and service on, a non-resident executor/ Administrator]]
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[[Miscellaneous administration provisions: Finding as to domicile]]
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[[Miscellaneous administration provisions: Record of grant]]
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[[Miscellaneous administration provisions: Registrar's powers]]
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[[Miscellaneous administration provisions: Court practice]]
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[[Miscellaneous administration provisions: Service]]

Latest revision as of 05:17, 10 September 2013

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