View source for Administration Bonds and Sureties

'''Queensland:'''
Abolished requirement of administration bond and sureties in the case of grant of letters of administration.
http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s51.html


'''New South Wales:'''
Requirement for a person to whom a grant of administration is made, before the grant is made, to execute a bond with one or more securities. Ordinarily, the penalty of the bond must be equal to the amount at which the property of the estate has been sworn. However, the Court may reduce the penalty, dispense with the bond and one or both of the serities. The court may require an executor or administrator who applies for the resealing of a grant ‘to give such security for the due administration of the estate in respect of matters or claims in New South Wales.’
http://www.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259/s64.html


'''Northern Territory:'''
More generally provides that the Registrar may order a peson to whom grant of administration is made to enter into, and file with the Registrar, a bond with a surety,a nd hat the person must do so before the grant is made. The Court rules provide that the Court may dispense with the bond or with one or both the sureties or may reduce the penalty of the bond. The court may require the applicant to give security for the proper administration of the estate to which it relates.
http://www.austlii.edu.au/au/legis/nt/consol_act/aapa259/s23.html   


'''South Australia:'''
Administration bonds have been abolished. Person to whom administration is granted must provide surety if: (a) administratos is not resident of SA; (b) administrator has any claim against or interest in the estate of deceased person arisng from liablity incurred by the deceased before his/ her death; (c) any person who is not sui juris entitled to participate in the distribution of the estate; and (d) Court is of the opinion that in the circumstances of the case, surety is reuqired.
http://www.austlii.edu.au/au/legis/sa/consol_act/aapa1919259/s31.html


'''Tasmania:'''
Provides that a person to whom a grant of administration is made must give an administration bond, and if the registrar requires, with one or more securities. The bond must be given in the amount of property that is to be dealt by the administrator.Before resealing any grant of probate or letters of administration, the court may, on the application of any creditor of the estate of  a deceased person, require adequate security to be given for the payment  of debts due from the estate to creditors residing in Tasmania.
http://www.austlii.edu.au/au/legis/tas/consol_act/aapa1935259/s25.html


'''Victoria:'''  
Administrator is no longer rquired to enter into an administration bond. The requirement to provide sureties does not apply where administration is granted to a person for the use or benefit of the Crown, State Trusteee Ltd, or to any person, body corporate or holder of an office specially exemptd by the Act.
http://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s57.html


'''Western Australia:'''
Administrator is no longer rquired to enter into an administration bond. However, a guarantee must not be required from the Public Trustee or a person obtaining administration for the benefit of the Crown.
http://www.austlii.edu.au/au/legis/wa/consol_act/aa1903173/s26.html


'''ACT:'''
A person to whom an administration is granted, is required to enter into a bond supported by a surety, who can even be a private individual. The court may, on application or of its own initiative, dispense with the administration bond of: (a) all or part of the estate passes to the person to whom administrtion is granted; or (b) all or part of estate passes to beneficiaries who are of full legal capacity and the beneficiaries consent, in writing, to the administration bond for te estate being dispensed with.The court may require the applicant to give security for the proper administration of the estate to which it relates.
http://www.austlii.edu.au/au/legis/act/consol_reg/cpr2006256/s3046.html


'''2009 Draft Uniform Legislation:'''
The model legislation should provide that neither an administration bond nor sureties may be required of an administrator or a person who applies for letters of administration.