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ADMINISTRATION AND PROBATE ACT 1919 - SECT 43

ADMINISTRATION AND PROBATE ACT 1919 - SECT 43

43—Protection to persons acting in reliance on probate or administration

        (1)         The revocation or rescission of probate or administration granted under this Act does not render the executor or administrator liable for any prior act done by him in good faith and in reliance on the probate or administration.

        (2)         Subject to this Act, where a person, acting in good faith and in reliance on probate or administration granted under this Act, deals with an asset of the estate of a deceased person, he incurs no personal liability by so doing notwithstanding that the probate or administration may subsequently prove to be invalid or be revoked or rescinded.

        (3)         This section does not affect the rights that may lie against any person to whom property has been invalidly transferred, or to whom a payment has been invalidly made, by an executor or administrator.

        (4)         In this section—

"administration" includes an order under section 9 of the Public Trustee Act 1995 authorising the Public Trustee to administer the estate of a deceased person.