Administration Act 1969

• Jurisdiction: New Zealand
• Citation: 1969 No 52
• Reference: 1969 No 52
• Record Number: DLM392629
• Act Number: 52
• Type of Document: Act

Contenidos

• Administration Act 1969
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 3 Act to bind Crown
• Application of Parts 1, 2, and 4
• 4A Age of majority
• 4B Application of Trusts Act 2019
• Part 1
• 5 Probate jurisdiction of High Court
• 5A Killer not competent to be granted administration
• 6 Discretion of court as to person to whom administration is granted
• 7 Administration pending legal proceedings
• 8 Grant of special administration where administrator is out of New Zealand
• 9 Administration during minority of executor
• 9A Grant of administration to holder of enduring power of attorney
• 9B Further provisions relating to grant of administration to holder of enduring power of attorney
• 10 Administration with will annexed
• 11 Cesser of right of executor to prove
• 12 Withdrawal of renunciation
• 13 Executor of executor represents original testator
• 14 Notice to be sent to Public Trustee of applications for administration
• 15 Administration bond
• 16 Proceedings if condition of bond broken
• 17 Administration as evidence
• 18 Certificates of administration
• 19 Proceedings where executor neglects to prove will
• 20 When powers, etc, of Public Trust or Māori Trustee to pass to executor
• 21 Discharge or removal of administrator
• 22 Interim vesting of estate where no executor appointed
• 23 Executor not to act while another administrator is in office
• 24 Estate to vest in administrator
• 25 How estate to be held by administrator
• 26 Estate to be assets for payment of debts, etc
• 27 Power of sale on intestacy
• 28 Method of sale or lease
• 29 Administrator to represent real estate
• 30 Rights and duties of administrator as to real estate
• 31 Payment of claims where estate insufficient
• 32 Administration suits
• 33 Debts under deeds and simple contracts to stand in equal degree
• 34 Charges on property of deceased to be paid primarily out of the property charged
• 35 Articles held under hire purchase agreement
• 36 Application of sections 34 and 35
• 36A Direction for payment of duty on dutiable estate
• 37 Liability of specific devise or bequest where estate primarily liable is insufficient
• 38 Proving executors may exercise powers
• 39 Interest on legacies and annuities
• 40 No right of retainer by administrator
• 41 Rights and liabilities of administrator
• 42 Liability of agent of administrator
• 43 Administrator's right to distrain
• 44 Administrator may be required to exhibit inventory
• 45 Protection of persons acting on administration
• 46 Interpretation of sections 47 to 50
• 47 Protection of administrator against certain claims
• 48 Notices and distributions
• 49 Following of assets, etc
• 50 Freedom to exercise remedies
• 51 Restriction on following assets
• 52 Liability of person fraudulently obtaining or retaining estate of deceased
• 53 Direction to executor to prove or renounce, etc
• 54 Production of instruments purporting to be testamentary
• 55 Continuance of legal proceedings after revocation of temporary administration
• 56 Question of fact may be tried by a jury
• 57 Practice of court in its administration jurisdiction
• 58 Form of order to Public Trust or Māori Trustee
• 59 Power to make rules
• 60 Caveat may be lodged
• 61 Where a caveat lodged, court may grant order nisi
• 62 Succession to, capacity of, and construction of wills of, married women and minors in certain cases
• 63 Administration not to be granted to companies other than trustee companies
• 64 Devolution of loan stock without administration
• 64A Vesting of shares or debentures without administration
• 65 Payment without administration
• 66 Saving
• 67 Other Acts providing for payment without administration not affected
• 68 Bondsmen and sureties deemed to be trustees
• Part 1A
• 68A Interpretation
• 68B Application of Part
• 68C Effect of nominations
• 68D Revocation of nomination
• Part 2
• 69 Interpretation
• 70 Estate of person dying abroad not to vest without administration obtained in New Zealand
• 71 Resealing of probate, etc
• 72 Seal not to be affixed till fees are paid and administration bond is entered into
• 73 No probate, etc, granted out of New Zealand to be evidence unless resealed
• 74 Effect of sections 70 and 73
• Part 3
• 75 Application of this Part
• 76 Abolition of escheat
• 77 Succession to real and personal estate on intestacy
• 77A Effect on succession on intestacy of separation order
• 77B Restrictions on succession on intestacy by certain de facto partners
• 77C Succession on intestacy if intestate partner dies leaving husband, wife, or civil union partner and 1 or more de facto partners
• 78 Statutory trusts in favour of issue and other classes of relatives of intestate
• 79 Application to cases of partial intestacy
• 80 Construction of documents
• Part 4
• 81 Right of successor on intestacy to disclaim
• 82 Effect of bankruptcy on disclaimer on intestacy or under a will and right of administrator to distribute
• 82A Regulations relating to prescribed amounts
• 83 Consequential amendment
• 84 Repeals and savings
• ...