Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 13

Real estate to vest in executors and administrators

13. Real estate to vest in executors and administrators



(1) Upon the Court granting probate of the will or administration of the
estate of any deceased person, then subject to any limitations expressed in
the grant all the hereditaments or all the hereditaments then unadministered
of such person, whether held by him beneficially or in trust, shall vest as
from the death of such person in the executor or administrator to whom such
probate or administration is granted (as the case may be) for all the estate
therein of such person, and if there is more than one such executor or
administrator shall vest in them as joint tenants.

(2) In this section the hereditaments of a deceased person shall be deemed to
include-

   (a)  all the estate of such person passing under any gift contained in his
        will which operates as an appointment under a general power to appoint
        by will or operates under the testamentary power conferred by statute
        to dispose of an entailed interest; and

   (b)  every estate pur autre vie which such person could if of full age and
        capacity have disposed of by his will.