Probate and Administration Act 1934

Probate and Administration Act 1934 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act relating to the grant of probate and letters of administration. [1 January 1935] PART 1 PRELIMINARY Short title 1. This Act is the Probate and Administration Act 1934. Interpretation 2. In this Act, unless there is something repugnant in the subject or context — “court” means the General Division of the High Court or a Family Court; “letters of administration” means a grant under the seal of the court issuing the same, authorising the person or persons therein named to administer an intestate’s estate in accordance with law; “letters of administration with the will annexed” means a grant under the seal of the court issuing the same, authorising the person or persons therein named to administer a testator’s estate in compliance with the directions contained in his will, and in accordance with law; “prescribed form” means the form prescribed by rules made under any law for the time being in force relating to the courts; “probate” means a grant under the seal of the court issuing the same, authorising the executor or executors expressly or impliedly appointed by a testator’s will, or one or more of them, to administer the testator’s estate in compliance with the directions contained in his will, and in accordance with law; “probate action” means a cause or matter in which a probate application is contested by any person, and includes any application to alter or revoke the grant of any probate or letters of administration; “probate application” means an application for a grant of probate or letters of administration, and “probate applicant” shall be construed accordingly; “Public Trustee” means the Public Trustee appointed under the Public Trustee Act 1915 and includes a Deputy Public Trustee and an Assistant Public Trustee appointed under that Act; “registrar” means the registrar of the Family Justice Courts; “will” includes any codicil or other testamentary document. [6/2004; 42/2005; 27/2014; 44/2014; 40/2019]