Western Australian Current Acts

ADMINISTRATION ACT 1903 - SECT 139

139 .         Deposits not exceeding prescribed amount in any ADI may be paid to widow or next of kin without probate or administration

        (1)         On the death of any person leaving a sum of money not exceeding the amount of $1 200, or such other amount as may for the time being be declared by proclamation ⁴ , standing to his credit in any ADI if no probate or administration is produced to that ADI within one month of the death of the deceased person, and no notice in writing of any will and of intention to prove it or of an intention to apply for administration is given to the ADI within that period, the ADI may apply that sum of money —

            (a)         in payment of the funeral expenses of the deceased person, or in reimbursing any person who has paid those expenses, and in payment of the balance, if any, to any person who appears to the satisfaction of the manager of the ADI to be the widower, widow, parent or child of the deceased person or a person who was living as a de facto partner of the deceased person immediately before the deceased person’s death; or

            (b)         in payment to such other persons or for such other purposes as may be declared and authorised by proclamation from time to time,

                and payment of that sum of money accordingly shall be a valid discharge to the ADI against the claims of any other person whomsoever.

        (2)         In subsection (1) —

        ADI means authorised deposit-taking institution as defined in section 5 of the Banking Act 1959 of the Commonwealth.

        [Section 139 amended: No. 62 of 1955 s. 15; No. 57 of 1964 s. 11; No. 78 of 1965 s. 4; No. 113 of 1965 s. 8; No. 80 of 1973 s. 3; No. 26 of 1999 s. 59; No. 25 of 2002 s. 52.]