Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 8

Grant on presumption of death

8. Grant on presumption of death

If a grant is made on presumption of death-

   (a)  the grant shall be expressed to be made on presumption of death only;

   (b)  the estate shall not be distributed without the leave of the Court,
        which leave may be given in the grant or by a separate order, and
        either unconditionally or subject to such conditions as the Court
        deems reasonable, and, in particular, if the Court thinks fit, subject
        to an undertaking being entered into or security being given by any
        person who takes under the distribution that he will restore any money
        or property received by him or the amount or value thereof in the
        event of the grant being revoked;

   (c)  the Court may direct the personal representative before distributing
        the estate to give such notices as the Court deems proper in the
        circumstances in order that the person whose death has been presumed,
        if he is still living, or in order that, if he has died since the date
        of the grant, any person interested in the estate may lodge with the
        registrar within such time as is specified by the Court a caveat
        against the distribution; and, if the Court directs any such notice to
        be given, the personal representative shall not have the benefit of
        paragraph (a) of section ten or of subsection (2) of section
        thirty-one of this Act unless he complies with the direction;

   (d)  if a caveat is duly lodged within such time as is specified by the
        Court, the personal representative shall not distribute the estate
        until the caveat is withdrawn or removed;

   (e)  an application for leave to distribute the estate and for directions
        may be made and a caveat may be lodged withdrawn or removed in
        accordance with Rules of Court, and the Court may make such order in
        respect of costs and otherwise as it deems proper;



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