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ADMINISTRATION AND PROBATE ACT 1958 - NOTES

Version No. 128

No. 6191 of 1958
Version incorporating amendments as at
1 March 2020

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Version No. 128

Administration and Probate Act 1958

No. 6191 of 1958
Version incorporating amendments as at
1 March 2020

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Administration and Probate Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Administration and Probate Act 1958 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Administration and Probate Act 1958, No. 6191/1958

Assent Date:

30.9.58

Commencement Date:

S. 105(4) inserted on 1.1.15 by No. 80/2014 s. 26: Special Gazette (No. 400) 29.10.14 p. 2; s. 108(4) inserted on 1.11.17 by No. 41/2017 s. 19: s. 2(2)

Note:

S. 105(4) repealed s. 105 on 1.1.17; s. 108(4) repealed s. 108 on 1.11.19

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Statute Law Revision Act 1959, No. 6505/1959

Assent Date:

5.5.59

Commencement Date:

1.4.59: s. 1(2)

Current State:

All of Act in operation

Administration and Probate (Offices) Act 1960, No. 6640/1960

Assent Date:

7.6.60

Commencement Date:

7.6.60

Current State:

All of Act in operation

Statute Law Revision Act 1960, No. 6716/1960

Assent Date:

21.12.60

Commencement Date:

21.12.60: subject to ss 3, 4

Current State:

All of Act in operation

Administration and Probate (Amendment) Act 1962, No. 6866/1962

Assent Date:

16.4.62

Commencement Date:

16.4.62

Current State:

All of Act in operation

Probate Duty Act 1962, No. 6890/1962

Assent Date:

15.5.62

Commencement Date:

1.7.62: Government Gazette 13.6.62 p. 1990

Current State:

All of Act in operation

Administration and Probate (Family Provision) Act 1962, No. 6920/1962

Assent Date:

20.11.62

Commencement Date:

20.11.62

Current State:

All of Act in operation

Administration and Probate (Small Estates) Act 1964, No. 7168/1964 (as amended by Act No. 7332)

Assent Date:

10.11.64

Commencement Date:

1.6.65: Government Gazette 12.5.65 p. 1555

Current State:

All of Act in operation

Administration and Probate (Surviving Actions) Act 1965, No. 7296/1965

Assent Date:

12.10.65

Commencement Date:

12.10.65

Current State:

All of Act in operation

Statute Law Revision Act 1965, No. 7332/1965

Assent Date:

14.12.65

Commencement Date:

14.12.65: subject to s. 3

Current State:

All of Act in operation

Administration and Probate (Amendment) Act 1967, No. 7597/1967

Assent Date:

5.12.67

Commencement Date:

5.12.67

Current State:

All of Act in operation

Administration and Probate (Amendment) Act 1968, No. 7663/1968

Assent Date:

2.4.68

Commencement Date:

1.5.68: Government Gazette 24.4.68 p. 1259

Current State:

All of Act in operation

Administration and Probate (Foreign Grants) Act 1969, No. 7874/1969

Assent Date:

18.11.69

Commencement Date:

18.11.69

Current State:

All of Act in operation

Statute Law Revision Act 1971, No. 8181/1971

Assent Date:

23.11.71

Commencement Date:

23.11.71

Current State:

All of Act in operation

Status of Children Act 1974, No. 8602/1974

Assent Date:

26.11.74

Commencement Date:

1.3.75: Government Gazette 5.2.75 p. 228

Current State:

All of Act in operation

Supreme Court Act 1976, No. 8951/1976

Assent Date:

16.12.76

Commencement Date:

1.1.77: Government Gazette 22.12.76 p. 3739

Current State:

All of Act in operation

Administration and Probate (Amendment) Act 1977, No. 9041/1977

Assent Date:

22.11.77

Commencement Date:

Ss 4, 7 on 1.12.78: Government Gazette 25.10.78 p. 3344; rest of Act on 22.11.77: s. 1(3)

Current State:

All of Act in operation

Wills (Interested Witnesses) Act 1977, No. 9044/1977

Assent Date:

22.11.77

Commencement Date:

22.11.77

Current State:

All of Act in operation

Age of Majority Act 1977, No. 9075/1977

Assent Date:

6.12.77

Commencement Date:

1.2.78: Government Gazette 11.1.78 p. 97

Current State:

All of Act in operation

Statute Law Revision Act 1980, No. 9427/1980

Assent Date:

27.5.80

Commencement Date:

27.5.80: s. 6(2)

Current State:

All of Act in operation

Crimes (Classification of Offences) Act 1981, No. 9576/1981

Assent Date:

26.5.81

Commencement Date:

1.9.81: Government Gazette 26.8.81 p. 2799

Current State:

All of Act in operation

Administration and Probate (Survival of Actions) Act 1982, No. 9847/1982

Assent Date:

21.12.82

Commencement Date:

21.12.82

Current State:

All of Act in operation

Limitation of Actions (Personal Injury Claims) Act 1983, No. 9884/1983

Assent Date:

10.5.83

Commencement Date:

11.5.83: Government Gazette 11.5.83 p. 1145

Current State:

All of Act in operation

Penalties and Sentences (Amendment) Act 1983, No. 9945/1983

Assent Date:

20.9.83

Commencement Date:

S. 2 on 1.9.81: s. 1(4); rest of Act on 20.12.83: Government Gazette 14.12.83 p. 4035; s. 8 repealed by No. 10096 s. 4(4)

Current State:

All of Act in operation

Trustee Companies Act 1984, No. 10168/1984

Assent Date:

20.11.84

Commencement Date:

5.12.84: Government Gazette 5.12.84 p. 4329

Current State:

All of Act in operation

Courts Amendment Act 1986, No. 16/1986

Assent Date:

22.4.86

Commencement Date:

Ss 1–11, 1327, 2934 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701

Current State:

All of Act in operation

Mental Health Act 1986, No. 59/1986

Assent Date:

3.6.86

Commencement Date:

Ss 13, 21, 23, Sch 1 on 19.6.87: Government Gazette 17.6.87 p. 1538; rest of Act on 1.10.87: Government Gazette 30.9.87 p. 2585

Current State:

All of Act in operation

Supreme Court Act 1986, No. 110/1986

Assent Date:

16.12.86

Commencement Date:

1.1.87: s. 2

Current State:

All of Act in operation

State Trust Corporation of Victoria Act 1987, No. 55/1987

Assent Date:

20.10.87

Commencement Date:

2.11.87: Government Gazette 28.10.87 p. 2925

Current State:

All of Act in operation

County Court (Amendment) Act 1989, No. 19/1989

Assent Date:

16.5.89

Commencement Date:

1.8.89: Government Gazette 26.7.89 p. 1858

Current State:

All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 (as amended by No. 34/1990)

Assent Date:

14.6.89

Commencement Date:

S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217

Current State:

All of Act in operation

Administration and Probate (Amendment) Act 1994, No. 10/1994 (as amended by No. 9/1995)

Assent Date:

3.5.94

Commencement Date:

Ss 1, 2 on 3.5.94: s. 2(1); ss 3, 4, 715 on 27.4.95: Government Gazette 27.4.95 p. 973; rest of Act on 1.7.95: s. 2(3)

Current State:

All of Act in operation

State Trustees (State Owned Company) Act 1994, No. 45/1994

Assent Date:

7.6.94

Commencement Date:

Pt 1 (ss 13), s. 27 on 7.6.94: s. 2(1); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1

Current State:

All of Act in operation

Valuation of Land (Amendment) Act 1994, No. 91/1994

Assent Date:

6.12.94

Commencement Date:

S. 36(1) on 1.1.95: s. 2(2)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Legal Practice Act 1996, No. 35/1996

Assent Date:

6.11.96

Commencement Date:

S. 453(Sch. 1 item 3) on 1.1.97: s. 2(3)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Wills Act 1997, No. 88/1997 (as amended by No. 43/1998)

Assent Date:

2.12.97

Commencement Date:

Ss 53–61 on 20.7.98: Government Gazette 16.7.98 p. 1924

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

State Trustees (Amendment) Act 1998, No. 15/1998

Assent Date:

28.4.98

Commencement Date:

Ss 57 on 1.8.98: s. 2(3)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Administration and Probate (Dust Diseases) Act 2000, No. 15/2000

Assent Date:

9.5.00

Commencement Date:

10.5.00: s. 2

Current State:

All of Act in operation

Statute Law Revision Act 2000, No. 74/2000

Assent Date:

21.11.00

Commencement Date:

S. 3(Sch. 1 item 3) on 22.11.00: s. 2(1)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000, No. 78/2000

Assent Date:

28.11.00

Commencement Date:

Ss 3, 4 on 28.11.00: s. 2(1)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

Assent Date:

12.6.01

Commencement Date:

S. 3(Sch. 1 item 1) on 8.11.01: Government Gazette 8.11.01 p. 2797

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:

27.6.01

Commencement Date:

S. 3(Sch. item 2) on 15.7.01: s. 2

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Statute Law Revision Act 2005, No. 10/2005

Assent Date:

27.4.05

Commencement Date:

S. 3(Sch. 1 item 1) on 28.4.05: s. 2

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:

24.5.05

Commencement Date:

S. 18(Sch. 1 item 2) on 12.12.05: Government Gazette 1.12.05 p. 2781

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Relationships Act 2008, No. 12/2008

Assent Date:

15.4.08

Commencement Date:

S. 73(1)(Sch. 1 item 2) on 1.12.08: s. 2(2)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Justice Legislation Amendment Act 2008, No. 21/2008

Assent Date:

2.6.08

Commencement Date:

S. 26 on 1.12.08: s. 2(5)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008

Assent Date:

3.6.08

Commencement Date:

S. 75 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:

10.2.09

Commencement Date:

S. 37(Sch. 1 item 2) on 1.12.09: s. 2(2)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:

24.11.09

Commencement Date:

S. 54(Sch. Pt 2 item 2) on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Trustee Companies Legislation Amendment Act 2010, No. 17/2010

Assent Date:

11.5.10

Commencement Date:

Ss 17, 18 on 11.5.10: Special Gazette (No. 171) 11.5.10 p. 1

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Justice Legislation Amendment Act 2013, No. 31/2013

Assent Date:

4.6.13

Commencement Date:

S. 3 on 26.10.13: Special Gazette (No. 292) 20.8.13 p. 1

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 2) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Justice Legislation Amendment (Succession and Surrogacy) Act 2014, No. 80/2014

Assent Date:

21.10.14

Commencement Date:

Ss 326 on 1.1.15: Special Gazette (No. 400) 29.10.14 p. 2

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:

16.6.15

Commencement Date:

S. 47 on 17.6.15: s. 2(3)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017, No. 41/2017

Assent Date:

19.9.17

Commencement Date:

Ss 420 on 1.11.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 1) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:

4.6.19

Commencement Date:

S. 221(Sch. 1 item 1) on 1.3.20: s. 2(2)

Current State:

This information relates only to the provision/s amending the Administration and Probate Act 1958

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Metric Conversion (Administration and Probate Act) Regulations 1973, S.R. No. 369/1973

Date of Making:

18.12.73

Date of Commencement:

1.2.74: reg. 1

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

    4     Explanatory details


[1] S. 35(1)(a): Section 15(1) of the Administration and Probate (Amendment) Act 1994, No. 10/1994 (repealed) read as follows:

        15     Cases to which certain amendments do not apply

    (1)     The provisions of the Principal Act as amended by section 7, 8, 9, 10, 13(a) or 13(d) do not apply to a case where a person dies before the commencement of that section.

[2] S. 37: Section 251 of the Property Law Act 1958, No. 6344 reads as follows:

        251     Power to tenants in tail in possession to dispose of land by specific devise or bequest

    (1)     A tenant in tail of full age shall have power to dispose by will by means of a devise or bequest referring specifically either to the property or to the instrument under which it was acquired or to entailed property generally—

        (a)     of lands of which he is tenant in tail in possession at his death; and

        (b)     of lands to be sold where the money arising from the sale is subject to be invested in the purchase of lands to be settled so that if purchased he would at his death have been tenant in tail in possession thereof; and

        (c)     of money subject to be invested in the purchase of lands of which if it had been so invested he would have been tenant in tail in possession at his death—

in like manner as if, after barring the entail, he had (either at law or in equity as the case may be) been tenant in fee-simple or absolute owner thereof at his death; but subject to and in default of any such disposition by will such lands or money shall devolve in the same manner as if this section or any corresponding previous enactment had not been passed.

    (2)     This section shall not extend to a tenant in tail after possibility of issue extinct and shall not render any interest which is not disposed of by the will of the tenant in tail liable for his debts or other liabilities.

    (3)     This section shall apply only to wills executed after the thirty-first day of December One thousand nine hundred and eighteen, or confirmed or republished after such date.

[3] S. 58: See note 1.



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