Page 1502 - Week 05 - Thursday, 18 April 1991
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its community service role. The provisions of this Bill, in conjunction with those contained in the Public Trustee (Amendment) Bill 1991, will implement some of the consultant's recommendations.
The purpose of the Administration and Probate (Amendment) Bill 1991 is to increase the monetary values by which certain small estates are categorised. The Administration and Probate Act 1929 deals with the administration of estates of deceased persons. Provisions exist to enable small estates to be dealt with expeditiously by the Public Trustee. However, estates are classified according to monetary value, and the effect of inflation over the years since those values were last set has been to reduce the number of estates in those categories. By increasing the monetary values, the number of estates able to be given the advantage of simplified administration procedures and reduced court fees will be increased.
The Administration and Probate (Amendment) Bill therefore provides for the value of very small estates - which can be administered by the Public Trustee without the need for a grant of probate or letters of administration or the need to file an election to administer - to be increased from $5,000 to $20,000. That Bill also provides for the maximum value of small estates which can be administered by the Public Trustee by simply filing an election to administer to be increased from $30,000 to $100,000.
Mr Speaker, the increase in the number of estates able to be administered by the Public Trustee under these provisions should result in more speedy distribution to the beneficiaries of smaller estates. Special provision is made in part IV for application to the registrar of the Court for a grant of administration of small estates, and the Administration and Probate (Amendment) Bill provides for the maximum value of these estates to be increased from $30,000 to $100,000, to ensure consistency throughout the ACT. Mr Speaker, I now present the explanatory memorandum for this Bill.
Debate (on motion by Mr Connolly) adjourned.
PUBLIC TRUSTEE (AMENDMENT) BILL 1991
MR COLLAERY (Attorney-General) (10.41): Mr Speaker, I present the Public Trustee (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
The purpose of this Bill is to implement the recommendations of the independent consultant, Deloitte Ross Tohmatsu, on the restructuring of the Office of the Public Trustee.
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