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EVIDENCE ACT 2001 - SECT 177C Probate and letters of administration

EVIDENCE ACT 2001 - SECT 177C

Probate and letters of administration

(1)  The probate of a will or codicil or letters of administration with the will or codicil annexed, obtained or having operation within Tasmania, is evidence of the original will or codicil upon all questions concerning real and personal estate, as if the original were produced and proved in due course of law.
(2)  Any probate, letters of administration or letters of administration with the will or codicil annexed is evidence of the death and the date of the death of the testator or intestate.
(3)  In this section, the expressions " probate " , " letters of administration " and " letters of administration with the will or codicil annexed " include –
(a) an exemplification of probate, letters of administration or letters of administration with the will or codicil annexed sealed by the Supreme Court in its ecclesiastical jurisdiction or under Part IV of the Administration and Probate Act 1935 ; and
(b) any document accepted as sufficient in place of such exemplification by the Supreme Court and sealed as referred to in paragraph (a) .

Note: This section does not appear in the Evidence Act 1995 of the Commonwealth.