Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 57

Administration guarantees

57. Administration guarantees







(1) As a condition of granting administration to any person the Court or the
registrar may require one or more sureties to guarantee that they will make
good, in an amount not exceeding the amount at which the property of the
deceased is sworn, any loss which any person interested in the administration
of the estate of a deceased may suffer in consequence of a breach by the
administrator of his duties as such.

(2) A guarantee shall enure for the benefit of every person interested in the
administration of the estate of the deceased as if contained in a contract
under seal made by the surety or sureties with every such person and, where
there are two or more sureties, as if they had bound themselves jointly and
severally.

(3) No proceeding shall be brought on any such guarantee without the leave of
the Court.





(4) This section does not apply where administration is granted to a person
for the use or benefit of Her Majesty or to the State Trustees or to any
person body corporate or holder of an office specially exempted by any Act.



Subdivision 2-Caveats