Administration Act 1969

Reprint as at 13 September 2014

Administration Act 1969

Public Act1969 No 52
Date of assent2 October 1969
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


Contents

Title

1 Short Title and commencement

2 Interpretation

3 Act to bind Crown

4 Application of Parts 1, 2, and 4

Part 1
Administration by administrator

Grant of administration

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14 Notice to be sent to Public Trustee of applications for administration [Repealed]

15 Administration bond [Repealed]

16 Proceedings if condition of bond broken [Repealed]

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

The administering of estates

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36A Direction for payment of duty on dutiable estate [Repealed]

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 [Repealed]

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

Powers and procedure of court

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

Caveats

60 Caveat may be lodged

61 Where a caveat lodged, court may grant order nisi

Miscellaneous provisions

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
Nominations of accounts

68A Interpretation

68B Application of Part

68C Effect of nominations

68D Revocation of nomination

Part 2
Administration granted out of New Zealand

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
Distribution of intestate estates

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
Miscellaneous provisions

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

Schedule 1
Certificate of administration

Schedule 2
Order to Public Trust or Māori Trustee to administer

Schedule 3
Enactments repealed

Schedule 4
Enactments declared not to have effect in New Zealand

Reprint notes


An Act to consolidate and amend certain enactments relating to the administration of the estates of deceased persons