Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 33

Liability of person fraudulently obtaining or retaining estate of deceased

33. Liability of person fraudulently obtaining or retaining estate of deceased



(1) If any person, to the defrauding of creditors or without full valuable
consideration, obtains receives or holds the estate or any part of the estate
of a deceased person or effects the release of any debt or liability due to
the estate of the deceased, he shall be charged as executor in his own wrong
to the extent of the estate received or coming to his hands, or the debt or
liability released, after deducting any payment made by him which might
properly be made by a personal representative.

(2) Where a person as personal representative of a deceased person (including
an executor in his own wrong) wastes or converts to his own use any part of
the estate of the deceased, and dies, his personal representative shall to the
extent of the available assets of the defaulter be liable and chargeable in
respect of such waste or conversion in the same manner as the defaulter would
have been if living.

Subdivision 3-Discharge and removal of executors and administrators and new
appointments