Succession Act 1965 section 34

Administration bonds

Section 34 sets out the requirements for administration bonds that must be provided by persons who are granted administration of a deceased person's estate, including the amount, form, and circumstances under which sureties or exemptions apply.

  • Anyone granted administration of an estate must provide a bond to the President of the High Court, with sureties if required, guaranteeing proper collection and administration of the estate.
  • The bond is normally set at double the sworn value of the estate, though the court or relevant probate officer may reduce this amount or require multiple bonds to limit each surety's liability to a reasonable level.
  • The bond must cover payment of all death duties for which the personal representative is accountable, as well as all income tax and surtax payable from the estate.
  • Exemptions from providing sureties apply where the grant is made to a trust corporation, and no bond at all is required when the Chief State Solicitor or the Solicitor for the Attorney General obtains administration on behalf of the State.

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