PROBATE AND ADMINISTRATION ACT 1898 - SECT 40A
Evidence or presumption of death
PROBATE AND ADMINISTRATION ACT 1898 - SECT 40A
Evidence or presumption of death
40A Evidence or presumption of death
(1) Where the Court is satisfied, whether by direct evidence or on presumption
of death, that any person is dead, the Court shall have jurisdiction to grant
probate of the person's will or administration of the person's estate,
notwithstanding that it may subsequently appear that the person was living at
the date of the grant.
(3) The provisions of this section shall extend to a case where the
grant of probate or administration was made before, as well as to a case where
the grant is made after the commencement of the Wills Probate and
Administration (Amendment) Act 1932 , provided that nothing in this section
shall affect any action or proceeding decided before or pending at the
commencement of that Act.