Discussion Paper 42 (1999) - Uniform Succession Laws: Administration of Deceased Estates

Table in paragraph 12.5


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TESTATE ESTATE
QLD
On death: Executor or - if no executor able and willing to act - the Public Trustee
On grant: Person to whom grant is made⁶

NSW⁷ ACT NT⁸ WA
Death to grant: Public Trustee (both real and personal property)
On grant: Executor or administrator⁹

VIC
(Legislation silent as to vesting between death and grant.)
On grant: Executor or administrator (both real and personal property)¹⁰

SA
On death: Real property vests in the executor or administrator
(Legislation silent as to vesting of personalty.)

TAS
On death: Real property vests in the executor or administrator
(Legislation silent as to vesting of personalty.)


INTESTATE ESTATE
QLD
On death: Public Trustee
On grant: Person to whom grant is made⁶

NSW⁷ ACT NT⁸ WA
Death to grant: Public Trustee (both real and personal property)
On grant: Executor or administrator⁹

VIC
Death to grant: State Trustee
On grant: Executor or administrator (both real and personal property)¹⁰

SA
Death to grant: Public Trustee

TAS
Death to grant: Chief Justice¹¹



FOOTNOTES

6. Section 45(4) of the Succession Act 1981 (Qld) provides for the relation back of the title of the administrator to any property to the date of death of the deceased.

7. Property passing by general power of appointment vests in personal representatives. See the discussion of s 46B of the Wills, Probate and Administration Act 1898 (NSW) at para 12.22 of this Discussion Paper.

8. Section 56 of the Administration and Probate Act (NT) provides that property passing by general power of appointment vests in personal representatives. See note 338 of this Discussion Paper.

9. In New South Wales, the Northern Territory and Western Australia, upon the grant the property is vested in the executor or administrator as from the date of death of the deceased: Wills, Probate and Administration Act 1898 (NSW) s 44(1); Administration and Probate Act (NT) s 52; Administration Act 1903 (WA) s 8.

10. Upon the grant the property is vested in the executor or administrator as from the date of death of the deceased: Administration and Probate Act 1958 (Vic) s 13(1). There is no statutory provision for the vesting of property from the date of death until the grant.

11. Section 12 of the Administration and Probate Act 1935 (Tas) refers to "the Chief Justice or in case there may not be a Chief Justice at any time, then in the senior puisne judge, in the same manner and to the same extent as formerly in the case of personal estate it vested in the Ordinary in England".


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