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.