• Specific Year
    Any

ADMINISTRATION AND PROBATE ACT 1919 - SECT 28

ADMINISTRATION AND PROBATE ACT 1919 - SECT 28

28—Persons interested in certain cases not to be cited, and when not cited not to be affected by probate

        (1)         Nothing herein contained shall make it necessary to cite any person having or pretending interest in the real estate of a deceased person—

            (a)         in any case where the Court is not satisfied that the deceased was at the time of his decease seized of, or entitled to, or had power to appoint by will some real estate beneficially; or

            (b)         in any case where the will propounded or of which the validity is in question would not in the opinion of the Court, though established as to personalty, affect real estate.

        (2)         In any of the cases mentioned in subsection (1), and in any other case in which the Court, with reference to the circumstances of the property of the deceased or otherwise, thinks fit, the Court may proceed without citing the persons interested in real estate: Provided that the probate, decree, or order of the Court shall not in any case affect any person in respect of his interest in real estate, unless such person has been cited or made party to the proceedings, or derives title under or through a person so cited or made party.