Western Australian Current Acts Western Australian Current Acts[s. 10A]
[Heading amended: No. 19 of 2010
s. 6(3).]
Funeral, testamentary
and administration expenses have priority.
[Clause 1 amended: No. 19 of 2010 s. 51.]
2 . Demand for unliquidated damages
A demand, in respect
of which proceedings are maintainable against an estate, shall be provable in
the administration of the estate, notwithstanding that it is a demand in the
nature of unliquidated damages arising otherwise than by a contract, promise
or breach of trust.
[Clause 2 amended: No. 19 of 2010 s. 51.]
Subject to these
rules, the same rules shall prevail and be observed as to —
(a) the
respective rights of secured and unsecured creditors; and
(b)
debts and liabilities provable; and
(c) the
valuation of annuities and future and contingent liabilities; and
(d) the
priorities of debts and liabilities,
as are, at the time of
the death of the deceased person, in force under the Commonwealth law of
bankruptcy with respect to the assets of persons adjudged bankrupt.
[Clause 3 amended: No. 19 of 2010 s. 51.]
[Fifth Schedule inserted: No. 72 of 1984
s. 8; amended: No. 19 of 2010 s. 51.]
This is a compilation of the Administration Act 1903 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
Compilation table
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
13 of 1903 (3 Edw. VII No. 13) |
31 Dec 1903 |
1 Jan 1904 (see s. 1) | |
|
Administration Act Amendment Act 1909 |
29 of 1909 (9 Edw. VII No. 25) |
20 Nov 1909 |
20 Nov 1909 |
|
Curator of Intestate Estates Act 1918 s. 2 |
9 of 1918 (8 Geo. V No. 23) |
15 Apr 1918 |
1 Jul 1918 (see s. 1 and Gazette 7 Jun 1918
p. 813) |
|
Administration Act Amendment Act 1921 |
13 of 1921 (12 Geo. V No. 13) |
15 Nov 1921 |
15 Nov 1921 |
|
Administration Act Amendment Act 1922 |
29 of 1922 (13 Geo. V No. 11) |
7 Dec 1922 |
7 Dec 1922 |
|
Administration Act (Estate and Succession Duties) Amendment Act 1934
s. 2 and Pt. III 3 |
28 of 1934 (25 Geo. V No. 27) |
28 Dec 1934 |
1 Jan 1935 (see s. 1 and Gazette 28 Dec 1934
p. 1983) |
|
Reprint of the Administration Act 1903 (includes amendments listed
above) | |||
|
Administration Act Amendment Act 1939 |
24 of 1939 (3 Geo. VI No. 24) |
22 Nov 1939 |
22 Nov 1939 |
|
26 of 1941 (5 Geo. VI No. 26) |
8 Dec 1941 |
1 Jul 1942 (see s. 1(2) and Gazette 26 Jun 1942
p. 689) | |
|
Administration Act Amendment Act (No. 2) 1941 |
52 of 1941 (5 & 6 Geo. VI No. 52) |
15 Jan 1942 |
15 Jan 1942 |
|
Administration Act Amendment Act 1941 |
55 of 1941 (5 & 6 Geo. VI No. 55) |
15 Jan 1942 |
1 Jul 1942 (see s. 8) |
|
Administration Act Amendment Act 1942 |
21 of 1942 (6 Geo. VI No. 21) |
9 Dec 1942 |
9 Dec 1942 |
|
Reprint of the Administration Act 1903 approved in Volume 2 of
Reprinted Acts (includes amendments listed above) | |||
|
Administration Act Amendment Act 1945 |
39 of 1945 (9 & 10 Geo. VI No. 39) |
30 Jan 1946 |
30 Jan 1946 |
|
Administration Act Amendment Act 1949 |
8 of 1949 (13 Geo. VI No. 94) |
14 Sep 1949 |
14 Sep 1949 |
|
Administration Act Amendment Act 1950 |
55 of 1950 (14 & 15 Geo. VI No. 55) |
18 Dec 1950 |
18 Dec 1950 |
|
Administration Act Amendment Act 1953 |
62 of 1953 (2 Eliz. II No. 62) |
9 Jan 1954 |
9 Jan 1954 |
|
Administration Act Amendment Act (No. 2) 1953 |
81 of 1953 (2 Eliz. II No. 81) |
18 Jan 1954 |
18 Jan 1954 |
|
Administration Act Amendment Act 1954 |
30 of 1954 (3 Eliz. II No. 30) |
8 Nov 1954 |
8 Nov 1954 |
|
Reprint of the Administration Act 1903 approved 21 Jun 1955 in
Volume 9 of Reprinted Acts (includes amendments listed above) | |||
|
Administration Act Amendment Act 1955 |
62 of 1955 (4 Eliz. II No. 62) |
19 Dec 1955 |
19 Dec 1955 |
|
Administration Act Amendment Act 1956 |
81 of 1956 (5 Eliz. II No. 81) |
17 Jan 1957 |
1 Feb 1957 (see s. 2 and Gazette 1 Feb 1957
p. 161) |
|
Reprint of the Administration Act 1903 approved 23 Apr 1958 in
Volume 12 of Reprinted Acts (includes amendments listed above) | |||
|
Administration Act Amendment Act 1959 |
56 of 1959 (8 Eliz. II No. 56) |
25 Nov 1959 |
25 Nov 1959 |
|
Administration Act Amendment Act 1960 |
21 of 1960 (9 Eliz. II No. 21) |
11 Oct 1960 |
25 Nov 1960 (see s. 2 and Gazette 25 Nov 1960
p. 3779) |
|
Administration Act Amendment Act 1961 |
57 of 1961 (10 Eliz. II No. 57) |
28 Nov 1961 |
28 Nov 1961 |
|
Administration Act Amendment Act 1962 |
80 of 1962 (11 Eliz. II No. 80) |
6 Dec 1962 |
1 Jan 1963 (see s. 2) |
|
Administration Act Amendment Act 1963 |
66 of 1963 (12 Eliz. II No. 66) |
18 Dec 1963 |
18 Dec 1963 |
|
Administration Act Amendment Act 1964 |
57 of 1964 (13 Eliz. II No. 57) |
30 Nov 1964 |
30 Nov 1964 |
|
Administration Act Amendment Act 1965 |
78 of 1965 |
7 Dec 1965 |
7 Dec 1965 |
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see s. 2(1));
| |
|
Administration Act Amendment Act 1966 |
68 of 1966 |
12 Dec 1966 |
12 Dec 1966 |
|
Rules (3rd Schedule) Revoked: Gazette 11 Sep 1967 p. 2249-64 |
11 Sep 1967 | ||
|
Reprint of the Administration Act 1903 approved 11 Sep 1967 in
Volume 21 of Reprinted Acts (includes amendments listed above except
Rules (3rd Schedule)) | |||
|
Administration Act Amendment Act 1969 |
2 of 1969 |
21 Apr 1969 |
21 Apr 1969 |
|
Acts Amendment (Commissioner of State Taxation) Act 1970 Pt. XII |
21 of 1970 |
8 May 1970 |
1 Jul 1970 (see s. 2 and Gazette 26 Jun 1970
p. 1831) |
|
Administration Act Amendment Act 1970 5 |
107 of 1970 |
8 Dec 1970 |
Act other than s. 3, 4 and 11: 8 Dec 1970 (see
s. 2(1)); |
|
Reprint of the Administration Act 1903 approved 23 Jun 1971
(includes amendments listed above) | |||
|
Administration Act Amendment Act 1971 |
18 of 1971 |
1 Dec 1971 |
21 Jan 1972 (see s. 2 and Gazette 21 Jan 1972
p. 71) |
|
Administration Act Amendment Act (No. 2) 1971 |
40 of 1971 |
10 Dec 1971 |
10 Dec 1971 |
|
46 of 1972 |
18 Sep 1972 |
1 Nov 1972 (see s. 2 and Gazette 13 Oct 1972
p. 4069) | |
|
Inheritance (Family and Dependants Provision) Act 1972 s. 3(2) |
57 of 1972 |
31 Oct 1972 |
1 Jan 1973 (see s. 2 and Gazette
17 Nov 1972 p. 4379) |
|
94 of 1972 |
4 Dec 1972 |
Relevant amendments (see Second Sch. 6 ) took effect on
1 Jan 1974 (see s. 4(2) and Gazette 2 Nov 1973
p. 4108) | |
|
80 of 1973 |
21 Dec 1973 |
1 Jan 1974 (see s. 2 and Gazette 28 Dec 1973
p. 4725) | |
|
Reprint of the Administration Act 1903 approved 17 Aug 1975
(includes amendments listed above) | |||
|
Administration Act Amendment Act 1976 |
138 of 1976 |
13 Dec 1976 |
Act other than s. 3-16: 1 Mar 1977 (see s. 2(3));
|
|
Administration Act Amendment Act 1977 |
37 of 1977 |
7 Nov 1977 |
1 Dec 1977 (see s. 2 and Gazette 25 Nov 1977
p. 4345) |
|
Acts Amendment (Master, Supreme Court) Act 1979 Pt. VIII |
67 of 1979 |
21 Nov 1979 |
11 Feb 1980 (see s. 2 and Gazette 8 Feb 1980
p. 383) |
|
Administration Act Amendment Act 1979 |
103 of 1979 |
17 Dec 1979 |
24 Apr 1980 (see s. 2 and Gazette 24 Apr 1980
p. 1179) |
|
Administration Amendment Act 1980 |
14 of 1980 |
15 Oct 1980 |
12 Nov 1980 (see s. 2) |
|
Reprint of the Administration Act 1903 approved 23 Dec 1980
(includes amendments listed above) | |||
|
Administration Amendment Act 1982 |
48 of 1982 |
6 Sep 1982 |
1 Mar 1983 (see s. 2 and Gazette 25 Feb 1983
p. 637) |
|
Administration Amendment Act 1984 |
57 of 1984 |
24 Oct 1984 |
21 Nov 1984 |
|
Acts Amendment (Insolvent Estates) Act 1984 Pt. II |
72 of 1984 |
26 Nov 1984 |
24 Dec 1984 |
|
14 of 1985 |
12 Apr 1985 |
1 Jul 1985 (see s. 2 and Gazette 28 Jun 1985
p. 2291) | |
|
Reprint of the Administration Act 1903 as at 17 Jun 1986
(includes amendments listed above) | |||
|
Administration Amendment Act 1986 |
21 of 1986 |
25 Jul 1986 |
s. 1 and 2: 25 Jul 1986; |
|
Transfer of Land Amendment Act 1996 s. 153(1) |
81 of 1996 |
14 Nov 1996 |
14 Nov 1996 (see s. 2(1)) |
|
Trustees Amendment Act 1997 s. 18 |
1 of 1997 |
6 May 1997 |
16 Jun 1997 (see s. 2 and Gazette 10 Jun 1997
p. 2661) |
|
Statutes (Repeals and Minor Amendments) Act 1997 s. 16 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 59 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2 and Gazette 30 Jun 1999
p. 2905) |
|
Reprint of the Administration Act 1903 as at 1 Jul 1999
(includes amendments listed above) | |||
|
Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 2 |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002
p. 4693) |
|
Family Court Amendment Act 2002 s. 52 |
25 of 2002 |
25 Sep 2002 |
1 Dec 2002 (see s. 2 and Gazette 29 Nov 2002
p. 5651) |
|
Courts Legislation Amendment and Repeal Act 2004 s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004
p. 7128) |
|
Oaths, Affidavits and Statutory Declarations (Consequential Provisions)
Act 2005 s. 63 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005
p. 6244) |
|
Reprint 11: The Administration Act 1903 as at 14 Jul 2006
(includes amendments listed above) | |||
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006
p. 5369) | |
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010
p. 4341) | |
|
Inheritance (Family and Dependants Provision) Amendment Act 2011
s. 14 |
48 of 2011 |
25 Oct 2011 |
16 Jan 2013 (see s. 2(b) and Gazette 15 Jan 2013 p. 79) |
|
Reprint 12: The Administration Act 1903 as at 15 Apr 2016 (includes amendments
listed above) | |||
|
Statutes (Minor Amendments) Act 2017 s. 3 |
6 of 2017 |
12 Sep 2017 |
13 Sep 2017 (see s. 2(b)) |
|
COVID-19 Response and Economic Recovery Omnibus Act 2020 s. 53 |
34 of 2020 |
11 Sep 2020 |
12 Sep 2020 (see s. 2(b)) |
1 Repealed by section 2 of this Act.
2 Part IV (Curator of Intestate Estates) as
originally enacted, was repealed by the Curator of Intestate Estates Act 1918
(No. 9 of 1918). The Curator of Intestate Estates continued under the Curator
of Intestate Estates Act 1918 and, on 1 July 1942, became the Public Trustee
(see the Public Trustee Act 1941 s. 3).
3 This Part was originally enacted as Part II of
the Administration Act (Estate and Succession Duties) Amendment Act 1934
(No. 28 of 1934). It was inserted as Part VI in the 1934 reprint of this
Act (see the Administration Act (Estate and Succession Duties) Amendment
Act 1934 s. 77) and renumbered as Part V in the 1943
reprint.
The Administration Act (Estate and Succession
Duties) Amendment Act 1934 s. 3provides that —
3. This Act shall
apply in the case of any person dying after its commencement, but the
provisions of Part VI of the principal Act as hereby repealed shall apply to
any person dying before the commencement of this Act.
4 This amount is now declared to be $50 000;
see proclamation in Gazette 6 February 2009 p. 243.
5 The Administration Act
Amendment Act 1970 s. 2(2) is a transitional provision that is
of no further effect.
6 The Metric Conversion Act 1972 Second Schedule
was inserted by the Metric Conversion Act Amendment Act 1973 s. 4.
7 The Death Duty Assessment Act 1973
s. 3(2), (3), (4) and (5) are transitional provisions that are of no
further effect.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
ADI
139(2)
administration 3
administrator
3
Court 3
deceased
17A(1)
election period
Fourth Sch. cl. 6(1)
exemplification of probate 3
household chattels 14(2)(a)
insolvent
3
interest Fourth Sch. cl.
1(1)(b)
intestate 14(1), 15(6)
intestate property
14(1), 15(6)
personal estate
3
prescribed 3
Principal Registrar
3
probate 3
Public Trustee
3
real estate 3
registrar 3
relevant property
14(2b) and (3a)
Table 14(1)
will
3