ADMINISTRATION AND PROBATE ACT 1919 - SECT 42

ADMINISTRATION AND PROBATE ACT 1919 - SECT 42

42—Revocation of grants not to prejudice actions

        (1)         Where, before the revocation of any probate or administration, or the rescission of any special administration, proceedings have been commenced by or against the executor or administrator who obtained such probate or administration, the Court in which such proceedings are pending may order the revocation or rescission of such probate or administration, and the grant of any probate or administration which has been made consequent thereon, to be notified upon the record.

        (2)         Upon an order being made under subsection (1) hereof the proceedings shall be continued in the name of or against the new or original executor or administrator in like manner as if the proceedings had been originally commenced by or against such new or original executor, or administrator, but subject to such conditions and variations, if any, as the Court directs.