Probate and Administration Act 1934 PART 1 — PRELIMINARY

s 1–s 2 · 2 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Short title

s 1

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]

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