Difference between revisions of "Administration"

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'''Definitions'''
  
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'''CONTENTS'''
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[[Definition of Administration]]
  
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[[Definitions]]
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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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[[Assimilation of the rights  and liabilities of executors and Administrators]]
 
[[Assimilation of the rights  and liabilities of executors and Administrators]]
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[[Statutory expression of the principal duties of a personal]]
 
  
 
[[Statutory expression of the principal duties of a personal Representative]]  
 
[[Statutory expression of the principal duties of a personal Representative]]  
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[[Power to transfer property (held on trust for minor) to public trustee or trustee company]]
 
[[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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