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revoked or rescinded.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.