The Act covers a range of issues including:
-
Administration: The probate of a deceased person's will, and the letters of administration for their estate
-
Administrators: The people who are granted administration, including trustee corporations
-
Temporary administrators: The people who can be appointed by the court to manage an estate while legal proceedings are ongoing
-
Beneficiaries: Who is entitled to benefit if there is no valid will, or if the will only covers part of the estate
-
Protection: The protection of administrators against certain claims.
The Act also covers the distribution of intestate estates, the succession to real and personal estate, and restrictions on succession by certain de facto partners.
The topics addressed in the Act include:
- Who can apply to be administrator
The High Court Rules specify the order of priority for who can apply to be an administrator of an estate. The priority is as follows: surviving spouse, children, parents, siblings, grandparents, and uncles and aunts.
- What happens if there is no will
If the deceased person did not leave a will, the Administration Act 1969 determines who is entitled to a share of the estate and the size of that share. Section 77 of the act sets out who is entitled to benefit in this situation.
For more information about what happens to your estate if you die without a will see the links below.
Public Trust - when there is no will
Community Law - Dealing with the deceased's property - wills, intestacy and small estates
Citisen's Advice Bureau - What happens to a person's estate if they die without a will?