Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 10

Effect of revocation

10. Effect of revocation

If a grant is revoked under the last preceding section of this Act-

   (a)  the personal representative under the revoked grant shall be bound
        duly to account and to pay and transfer all money and property
        received by or vested in him as such personal representative and then
        remaining in his hands as the Court directs, but shall not be liable
        for any money or property paid or transferred by him in good faith
        under the representation before the revocation. Nothing in this
        paragraph shall affect any commission protection indemnity
        reimbursement or right to which the personal representative is
        entitled under this Act;

   (b)  the revocation shall not invalidate any payment or transfer lawfully
        made by or to the personal representative in the course of
        administering the estate before the revocation, but nothing in this
        paragraph shall prejudice the right of the person himself, or, if he
        has died since the date of the grant, the personal representative to
        whom a grant is made consequent on the revocation, or any other
        person, to follow assets into the hands of the persons or any of them
        among whom the same have been distributed or who have received the
        same, other than purchasers for value without notice that the person
        supposed to be dead was actually alive at the date of the grant;

   (c)  the person himself, or, if he has died since the date of the grant,
        the personal representative to whom a grant is made consequent on the
        revocation, shall be entitled to receive from the Consolidated Fund
        (which is hereby appropriated for the purpose accordingly) the amount
        of duty paid thereto in respect of the revoked grant;

   (d)  the Court may make such vesting order as it deems proper;



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