Probate Registry, Supreme Court of South Australia (GA411)

The Probate Registry is part of the Supreme Court Division of the Courts Administration Authority. The Probate Registry is responsible for proving wills and the granting of administration in intestate estates.

The Supreme Court of South Australia is the court which has exclusive jurisdiction in this State to make orders in relation to the validity of a will of a deceased person, the appointment of an executor or an administrator, and the administration of a deceased estate. The Probate Registry is the registry of the court which deals with applications for grants of probate or administration and other related matters. The Registry keeps a register of probates and administrations granted by the court.

Although no formal books were kept for registering or entering probates before the 1844, some attempts were made to consolidate listings of activities about 1843. These early listings were unearthed during an office relocation in 2018. No administrations were entered before 1850.

In letters of administration both with and without the will annexed, the amount of the real property was not sworn until October 1868 when the Intestate Real Estates Distribution Act No. 29 of 1868 came into operation.

The Probate Registry is responsible for determining, on application, what document or documents constitute the last will and testament of the deceased and/or who is entitled to be the personal representative of the deceased (i.e. executor or administrator). When these determinations have been made, a grant is issued to the estate of the deceased person. There are three types of grants of grants: probates, letters of administration with the will annexed and letters of administration. When necessary a grant will be limited in duration, in respect of property, or to any special purpose. The term grant is used to mean whatever type of grant is issued. A grant is the official recognition by the court of the right of the personal representative named in the grant to administer the estate of a deceased person and of the vesting in the personal representative of the title to the deceased estate.

The Supreme Court was established by an Act of the Council of Government (7 William IV, No. 5 of 1837 passed on 31 May 1837.

The granting of probates was under Ecclesiastical Jurisdiction until February 1868, then under Testamentary Causes Jurisdiction from 1 February 1868 when the Testamentary Causes Act No. 11 of 1867 came into operation. This Act was replaced by the Administration and Probate Act No. 537 of 1891.

On 1 April 1844 Mr Charles Mann was appointed Master of the Supreme Court and had the conduct of matters Ecclesiastical until 1850. Mr Henry Jickling was appointed Master on 1 January 1850 and had the conduct of matters Ecclesiastical. Mr CA Wilson was appointed Chief Clerk on 1 February 1853 and had the conduct of matters Ecclesiastical.

Mr CA Wilson was appointed as Registrar of Probates under the Testamentary Causes Act on 1 February 1868 and had the conduct of matters Testamentary and on the same day the Rules under the Testamentary Causes Act came into operation.

A statutory position to be styled Commissioner of Inland Revenue was established under Section 3 of the Probate and Succession Duties Act No. 35 of 1875, however the Section went on to state provided that, until such Commissioner shall be appointed, it shall be lawful for the Registrar of Probates to exercise all powers and authorities vested by this Act in the Commissioner.

At some time by 1883, Mr JG Russell had been appointed as Commissioner of Inland Revenue with some apparent sharing of staff with the Probate Registry or the Supreme Court, however these administrative arrangements, including the subsequent transfer to the Registrar of Probates are subject to further research.

Mr Augustine Stow was appointed Registrar of Probates on 1 August 1882. During this period he also held other statutory positions of Commissioner of Inland Revenue (responsible for the Succession Duties Office), Public Trustee and Curator of Convict Estates.

Section 5 of the Succession Duties Act No. 567 of 1893 made provision for the Registrar of Probates to administer the legislation for the time being and the Administration and Probate Act No.537 of 1891 provided for the appointment of a Registrar of Probates and Public Trustee (Section 7 (1)), but also stated that both offices may be held by one person (section 7(3)).

Mr Alexander Buchanan, the Master of the Supreme Court, was appointed Registrar of Probates on 1 July 1903 and acted as such until his appointment as President of the Industrial Court. Mr Walter Leslie Stuart was appointed Master of the Supreme Court and Registrar of Probates on 30 January 1913.

From 1998 control records (registers and indexes) were phased out with the introduction of CCMS (Court Case Management System) by the Courts Administration Authority (CAA). CCMS contains the electronic record of, and supports the administration of civil cases and some other specialist court cases across all jurisdictions of the CAA.

On 26 November 2018 Probate was the first jurisdiction in South Australia to transition to CourtSA. All probate lodgments were made electronically using CourtSA, the Courts Administration Authority's electronic court management system. The system was used to collect, store and process court matters electronically statewide.

Sources:

[Introduction to] Index to Probates and Letters of Administration 1844 to 1905
Letter book - Commissioner of Inland Revenue, 1883 - 1888
Memoranda and circulars book - Commissioner of Inland Revenue, Registrar of Probates and Public Trustee, 1891 - 1903
Letter book - Succession Duties Office, 1891 - 1912
Probate and Succession Duties Act No. 35 of 1875
Administration and Probate Act No.537 of 1891
Succession Duties Act No. 567 of 1893
RDS 2012/06
http://www.courts.sa.gov.au/RepresentYourself/ProbateRegistry/Pages/Home.aspx