Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 7

Grant of probate etc. on evidence or presumption of death

7. Grant of probate etc. on evidence or presumption of death



(1) Where the Court is satisfied, whether by direct evidence or on presumption
of death, that any person has died leaving property whether real or personal
in Victoria, the Court shall have and shall at all times be deemed to have had
jurisdiction to grant probate of his will or administration of his estate as
if he were a deceased person, notwithstanding that it may subsequently to the
grant appear that he was living at the date of the grant.

(2) Subject to the provisions of this Act, where a grant is or has been made
of probate of the will or administration of the estate of any person with
respect to whom the Court is satisfied as aforesaid that he is dead,
notwithstanding that it may subsequently appear that the person in respect of
whose estate the grant was made was living at the date of the grant, the
person administering the estate for the time being by virtue of such grant
shall have and be deemed to have had the like rights powers privileges duties
and liabilities as the personal representative of a deceased person, and in
any Act the expression personal representative shall include and be deemed at
all times to have included the person administering the estate for the time
being by virtue of such grant.



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