Western Australian Current Acts

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           Long Title

   PART I -- Preliminary  

   1.      Short title and construction
   3.      Terms used
   3A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies

   PART II -- Probate and administration  

   4.      Jurisdiction of Court as heretofore
   5.      Duties of Principal Registrar
   6.      Power to grant probate and administration
   7.      Probate may be granted to one or more executors
   8.      Upon grant of probate or administration real and personal estate to vest in executor or administrator
   9.      Real estate to vest subject to trusts
   10.     Real and personal estate to be assets
   10A.    Insolvent estates
   11.     Subject as aforesaid real estate to vest according to will
   12.     Executor to have same rights and duties as to real estate as heretofore as to personal estate
   12A.    Entitlement to participation in distribution of intestate estates
   12B.    Relationships of whole and half blood
   13.     Real and personal estate in case of intestacy
   14.     Entitlements on intestacy
   14A.    Order declaring sum that is to apply for specified item
   14B.    Minister must review sums for specified items
   15.     De facto partners and distribution on intestacy
   16.     Courtesy and dower abolished
   17.     Court may deal with interest of infants in certain cases
   17A.    Power to appoint trustees of infant’s property
   19.     Court may direct partition of real estate
   20.     Personal representative may relinquish trust
   21.     Executor or administrator to represent real estate
   23.     All creditors to stand in equal degree
   24.     Administration in case of intestacy
   25.     Persons entitled to administration
   26.     Power to require administrator to produce sureties
   29.     Court may revoke grant of administration
   32.     In case of renunciation or failure to take probate, right of executor gone
   33.     Where infant is executor etc.
   34.     Where person entitled to probate or administration is out of the jurisdiction
   35.     Court may appoint manager and receiver pending litigation
   36.     Administration with will annexed
   37.     Probate or administration if executor etc. absent or neglects to obtain probate etc.
   38.     Special letters of administration if executor or administrator not within jurisdiction
   39.     On return of executor or administrator, special administration may be revoked
   40.     Absent executor liable to account
   41.     Revocation pending litigation not to abate proceedings
   42.     Devisee or legatee may apply to Court in certain cases
   43.     Inventory and accounts
   44.     If accounts not filed Principal Registrar to give notice etc.
   45.     Court may settle all questions arising in administration
   46.     Payments made before revocation to be valid
   47.     Payments etc. to be valid notwithstanding defect
   47A.    Protection of executors, administrators and trustees
   53.     Executor deemed to be resident in State
   54.     Court may appoint district agents
   55.     Where estate does not exceed $10 000 the Principal Registrar or district agent may act
   56.     Information to be furnished by Principal Registrar or agent
   57.     Applications to be transmitted by agent to Principal Registrar
   58.     Principal Registrar to refer matter back to agent if not satisfied
   60.     Principal Registrar may refer to Court
   60A.    Application of Family Provision Act 1972

   PART III -- Foreign probates and administration  

   61.     Foreign probates etc. may be sealed
   62.     Power to require sureties to be provided before foreign administration sealed

   PART IV -- Caveats  

   63.     Caveat
   64.     Court may remove caveat

   PART V -- Duties on deceased persons’ estates and succession duties  

   71.     No will to be registered or admissible in evidence until proved

   PART VI -- Miscellaneous  

   139.    Deposits not exceeding prescribed amount in any ADI may be paid to widow or next of kin without probate or administration
   140.    Records of grants etc.
   141.    Court may appoint attorney for absent executor
   142.    Payment of balance of estate to Curator or Public Trustee of State or Colony where deceased was domiciled. Public Trustee may receive any part of estate from outside the State
   143A.   Rate of interest payable on legacies
   143B.   Saving provision as to bonds
   144.    Rules of Court

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