Difference between revisions of "Administration"

From ELRI Wiki
Jump to: navigation, search
 
Line 4: Line 4:
  
 
----
 
----
 +
'''Definitions'''
 +
 +
[[Definition of Administration]]
 +
 +
[[Definition of Personal Representative]]
 +
 +
[[Definition of a Grant of Representation]]
 +
  
 
'''CONTENTS'''
 
'''CONTENTS'''
Line 24: Line 32:
  
 
[[Limited and Special Grants]]
 
[[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]]

Latest revision as of 05:17, 10 September 2013

Retrieved from "http://www.elri.com.au/wiki/index.php?title=Administration&oldid=275"