Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 24

Grant of administration where personal representative is abroad

24. Grant of administration where personal representative is abroad



(1) If at the expiration of twelve months from the death of a person any
personal representative of the deceased to whom a grant has been made is
residing out of the jurisdiction of the Court the Court may on the application
of any creditor or person interested in the estate of the deceased grant to
him special administration of the estate of the deceased in such form as may
be prescribed by Rules of Court or as may be directed by the Court.

(2) The court may for the purpose of any legal proceedings to which the
administrator under the special administration is a party order the transfer
into court of any money or securities belonging to the estate of the deceased
person and all persons shall obey any such order.

(3) If the personal representative capable of acting as such returns to and
resides within the jurisdiction of the Court while any legal proceedings to
which a special administrator is a party are pending that personal
representative shall be made a party to the legal proceedings and the costs of
and incidental to the special administration and the legal proceedings shall
be paid by such person and out of such fund as the court in which the
proceedings are pending directs. In this subsection court means any court
having jurisdiction in relation to such proceedings.