Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 81

Probates and administrations granted in United Kingdom

81. Probates and administrations granted in United Kingdom



(1) When probate of the will or administration of the estate of any deceased
person who has left any property whether real or personal within Victoria has
been granted by any court of competent jurisdiction in the United Kingdom or
in any of the Australasian States or, subject to the provisions of section
eighty-eight of this Act when probate of the will or administration of the
estate of any deceased person or a grant or order appointing a person executor
of the will or giving a person authority to administer the estate of any
deceased person has been issued by a court of competent jurisdiction in a
country specified in a proclamation in force under section eighty-eight-

   (a)  the executor or administrator therein named whether he is within the
        jurisdiction of the Supreme Court of Victoria or not may either
        personally or by a legal practitioner on his behalf produce the same
        (and in the case of an executor of an executor any later probate or
        grant or order also) to the registrar and file a verified copy or
        verified copies thereof in his office; or

   (b)  any person duly authorized by power of attorney under the hand and
        seal of such executor or administrator may either personally or by a
        legal practitioner on his behalf produce such probate or probates or
        letters of administration or grant or order and power of attorney
        accompanied by an affidavit that such power of attorney has not been
        revoked to the registrar and may file verified copies thereof in his
        office.

(2) When such documents have been produced and verified copies thereof
deposited as aforesaid by or on behalf of such executor or administrator or
person so authorized by power of attorney, such probate of the estate of such
deceased person or such letters of administration or such grant or order shall
be sealed with the seal of the Supreme Court of Victoria, and shall have the
like force and effect and the same operation in Victoria as if it or they had
been originally granted in Victoria.





(3) Every such executor of any such will and administrator of any such estate
and person authorized by power of attorney as aforesaid shall perform the same
duties and shall have the same rights, and every such executor and
administrator and person authorized by power of attorney as aforesaid and the
estate of every such deceased person shall be subject to the same liabilities
and obligations as if such probate or letters of administration or grant or
order had been originally granted by the Supreme Court of Victoria.