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Administration and Probate Act 2006 (NI)
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Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2018Q00043 C02
29 September 2018
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Part 1 Preliminary
1 Name of Act
2 Commencement
3 Interpretation for Act
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Part 2 Administration
4 Registrar and deputy registrar of Probates
5 Curator of deceased estates
6 Registrar’s seal and stamps
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Part 3 Grant of representation
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Division 3.1 Jurisdiction of the Supreme Court
7 Supreme Court to make finding about domicile of deceased person
8 Probate or administration may be granted
9 Evidence of death
10 Grant on presumption of death
11 Issue of probate by registrar
12 Sealing of probate and letters of administration
13 Grant to single executor reserving leave to others to apply
14 Grant of probate to curator
15 Practice about granting administration of real and personal estate
16 Eligible administrators
17 Rights and duties of administrator
18 Renunciation or non-appearance by executor
19 Renunciation etc by person appointed both executor and trustee of will
20 Administration to guardian of child sole executor
21 Administration under power of attorney
22 Administration pendente lite and receiver
23 Power to appoint administrator
24 Proceeding if executor neglects to prove will
25 Issue of special letters of administration
26 Special administrator to make certain affidavits
27 On return of original executor or administrator special administration to be rescinded
28 Accounting by special administrator
29 Liability of executor or administrator neglecting to apply for rescission of special administration
30 Revocation of grants not to prejudice actions or suits
31 Discharge or removal of executor or administrator
32 Revocation of grant if person living at date of grant
33 Effect of revocation of grant
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Division 3.2 Caveats
34 Caveat may be lodged
35 If caveat lodged court may grant order nisi
36 Service of order nisi
37 Proceeding if caveator does not appear
38 Evidence on hearing of order nisi
39 Withdrawal and removal of caveat
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Division 3.3 Effect of grant of representation
40 Estate to vest in curator until grant
41 Real and personal estate to vest in executor or administrator
42 Real estate held in trust
43 Property of deceased to be assets
44 Property of deceased liable for debts
45 Appointments by will under general power
46 Administration of assets
47 Application of income of settled residuary estate
48 Real estate to be held on trusts of will
49 Rights of executor in relation to real estate
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Division 3.4 Position of executor of an executor
50 Executor of executor
51 When ceases to represent deceased
52 Rights and liabilities of executor of executor
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Part 4 Intestacy
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Division 4.1 Preliminary
53 Interpretation for pt 4
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Division 4.2 Distribution on intestacy
54 Executor or administrator to hold property of intestate on trust for persons entitled
55 Distribution between spouse and eligible partner
56 Provisions relating to persons who at date of death of intestate are children
57 Estate by courtesy or right of dower not to arise
58 Distribution of intestate estate
59 Interest of partner on intestacy in personal chattels
60 Immovable property of intestate
61 How distribution to issue is made
62 Gifts made before death of intestate
63 How distribution to next of kin is made
64 How distribution to the Administration is made
65 Partial intestacies
66 Presumptions of parentage
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Division 4.3 Rights of partners to intestate dwelling houses
67 Definitions for div 4.3
68 Claim by partner to dwelling house
69 Valuation
70 Right not exercisable for certain tenancies
71 Right not exercisable in certain other cases
72 Personal representative not to sell or dispose of interest without consent
73 Rule that trustee not to purchase trust property
74 If surviving partner is under legal disability
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Part 5 Simultaneous deaths
75 Devolution of property
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Part 6 Functions of executors and administrators
76 Powers of executors and administrators to sell, mortgage or lease real estate
77 Supreme Court may make special order
78 Supreme Court may authorise postponement of realisation and carrying on of business
79 Supreme Court may order partition in summary way
80 Personal representative not required to continue to act against own consent
81 In suits executor or administrator to represent real estate
82 All debts to stand in equal degree
83 Interest on legacies
84 Executor may sign acknowledgment instead of conveyance
85 Summary application for legacy etc
86 Filing and passing accounts
87 Passing and allowance of accounts of executors and administrators
88 If accounts not exhibited registrar to summon administrator before court, which may inflict penalty
89 Proceedings under s 88 not to affect other proceedings
90 Supreme Court may make order about disposal of money in hands of executor etc
91 Payments under revoked probates or administrations valid
92 Persons etc making payments on probate granted for estate of deceased person to be indemnified
93 Distribution of assets
94 Claims barred against executor or administrator in certain cases
95 Distribution of estate by executors and administrators
96 Right to follow assets
97 Executors may compound etc
98 Every executor etc to be deemed resident in Norfolk Island
99 Commission of executors etc and curator
100 Limits of professional charges for obtaining probate etc
101 Bill to be taxed by taxing officer
102 Taxing rules to apply
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Part 7 Liability of certain persons in relation to deceased estates
103 Fraudulently obtaining or keeping property
104 Persons liable for waste of deceased estate
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Part 8 Small estates
105 Application to registrar for probate or administration
106 Duties of registrar
107 Issue of probate or administration in name of Supreme Court
108 Matters about which registrar not satisfied
109 Obligation of registrar
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Part 9 Recognition of foreign grants
110 Orders to collect and administer estates for pt 9
111 Inclusion of orders to collect and Scottish confirmation
112 Reseal of grant made in reciprocating jurisdiction
113 Registrar not to seal
114 Supreme Court may require security
115 Effect of sealing
116 Caveat
117 Seal not to be attached until duty is paid etc
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Part 10 Curator of Deceased Estates
118 Duties functions and powers of the curator and the deputy curator
119 Estates to the value of $20 000 or less
120 Election to administer estate
121 Orders to curator to collect and administer
122 Effect of order
123 Grant of probate or administration notwithstanding appointment of curator
124 Cessation of rights and liabilities of curator
125 Order to curator to collect and administer in special circumstances
126 Notice of order to be published
127 Supreme Court orders against curator
128 Applications how heard
129 Curator to act as Supreme Court directs
130 Curator may obtain directions of Supreme Court
131 Mode of proceeding under this Act
132 Accounts to be kept etc
133 Receipt of curator sufficient discharge
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Part 11 –Family provision
134 Application of part 11
135 Eligibility
136 Family provision orders
137 Time for making application under s 136 (1)
138 Variation, suspension and discharge of orders
139 Service of application for order under s 136 or s 138
140 Form of order and burden of provision
141 Class fund
142 Property subject to power of appointment
143 Presumption of death
144 Exoneration of part of estate from provision
145 Operation of order for provision out of estate of deceased person
146 Certified copy of order
147 Permission of court necessary to validity of mortgage, charge or assignment of an interest
148 Property available for provision
149 Protection of administrator
150 Relevance of testator’s reasons
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Part 12 Procedure
151 Method of taking evidence
152 Order to produce instrument purporting to be testamentary
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Part 13 Miscellaneous
153 Registrar to keep record of probates etc
154 Proved wills and other documents to be held by Supreme Court
155 Official certificate or copy of grants and wills obtainable
156 Costs
157 Person fraudulently disposing of will liable for damages
158 Application of certain sections
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159 Repeal and saving
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Schedule 1
Part 1.1 Order of application of assets if estate solvent
Part 1.2 Rules about payment of debts and liabilities if estate insolvent
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Schedule 2 Distribution of intestate estate on intestacy
Part 2.1 Distribution of estate if intestate survived by partner
Part 2.2 Distribution of estate if intestate not survived by partner
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Schedule 3
Part 3.1 Imperial Acts repealed
Part 3.2 Acts repealed