The Office of Curator of Estates of Deceased Persons in Norfolk Island is established by section 8 of the Probate and Administration Act 1929-1974. This Act is an Act of the Australian Capital Territory as is applied to Norfolk Island by the Probate and Administration Act 1976. This latter Act is an Act of the Norfolk Island Legislative Assembly.
Over the past 18 months there have been four different Curators,
primarily due to turn over in staff. The position of Curator is now an adjunct
to the office of Deputy Crown Counsel. Notwithstanding this assumption of the
role of Curator by the Deputy Crown Counsel it must be remembered that the
Office of Curator is statutory position independent of the Public Service. It is
hoped that there can now be some continuity and stability in the office. This
stability will enable a full review of Curators files, whether current or
finalised, and a comprehensive review of the applicable legislation.
The task of review, whether it is of files or legislation, is
a significantly large one. Over the past few months a number of outstanding
files have been able to be finalised allowing a clearing of matters that had
stalled because of the change over of Curators.
There are a number of Curator’s files that include
unresolved land issues, some stretching back 60 or 70 years. This fact alone has
a significant impact on land management in Norfolk Island and it is hoped that
many of these files can be identified and progressed to some form of conclusion
or settlement during the term of the current Curator.
As at 30 June 2000 the cash at bank balance in the Curator’s
Trust Account was $244 270.49. The Curator also holds a number of Term Deposits
on trust for beneficiaries. A full account of these can only be provided once a
full review of all files can be conducted.
Services Provided by the Office of the Curator
The Curator provides a Free Public Wills Service to all members of the Norfolk community and has been active in this role throughout the current financial year. A free Wills service is an important service in any community, particularly one such as Norfolk Island, not only because of its size but also because of the method by which property is transmitted to family members between generations. Failure to adequately provide instructions in a Will by a landholder can lead to unforseen consequences in the distribution of the property upon the death of that landholder.
However, given the significant level of time taken to prepare
some Wills it may be that a fee should be considered for the preparation of a
Will. One way to achieve the desired result is to provide the free Will service
on the basis that the Curator is to be nominated as the Executor and Trustee in
the Will. Such a requirement would not extend to uncomplicated Wills or estates
with a value under a certain figure, eg. $50 000.
Where the Curator is nominated and acts as the Executor and
Trustee of an estate then the following fees apply to the Curators services
These fees simply reflect the time and effort expended by the Curator in administering estates. Generally referred to as the Curator’s Commission it is intended to establish a Curator’s Commission Account whereby all Curator’s commissions are deposited as they become available with a one-off transfer of those funds to the Administration’s Consolidated Revenue Fund occurring at the end of each financial year. This simple division of accounts should assist in determining the Curator’s annual contribution to Consolidated Revenue.
The Curator also applies for Letters of Administration where
a person dies without leaving a Will (intestate) and no application for such
Letters of Administration is made within 3 months of that persons death or there
are no identifiable next of kin.
The Curator also provides general advice to members of the
public relating to the administration of estates and applications for grants of
probate or Letters of Administration. This advice is always qualified on the
basis that the Curator is providing general guidance only and that, unless the
enquirer wishes to engage the Curator to act in an official capacity in the
particular estate, then they should seek independent legal advice.
All enquires regarding the Office of Curator of Estates of
Deceased Persons should be directed to:
The Curator of Estates of Deceased Persons
Administration Offices
Kingston
NORFOLK ISLAND 2899
Phone : + 6723 22001
Fax : + 6723 23177
E-mail : lbeban@admin.gov.nf