Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 26

Administration during minority of executor

26. Administration during minority of executor



(1) Where a minor is sole executor of a will administration with the will
annexed shall be granted to his guardian or to such other person as the Court
thinks fit until the minor attains the age of eighteen years and on his
attaining that age and not before probate of the will may be granted to him.

(2) The appointment in a will by a testator of a minor to be an executor shall
not operate to transfer any interest in the property of the deceased to the
minor or to constitute him a personal representative for any purpose unless
and until probate is granted to him under this section.