Reprint as at 1 March 2017

Coat of Arms of New Zealand

Administration Act 1969

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14Notice to be sent to Public Trustee of applications for administration [Repealed]
15Administration bond [Repealed]
16Proceedings if condition of bond broken [Repealed]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36ADirection for payment of duty on dutiable estate [Repealed]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43Administrator’s right to distrain [Repealed]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

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