ADMINISTRATION AND PROBATE ACT 1958 - SECT 81 Probates and administrations granted in United Kingdom

ADMINISTRATION AND PROBATE ACT 1958 - SECT 81

S. 81(1) amended by No. 7874

s. 2(a)(i).

    (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—

S. 81(1)(a) amended by Nos 7874

s. 2(a)(ii), 35/1996

s. 453(Sch. 1 item 3.4).

        (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

S. 81(1)(b) amended by Nos 7874

s. 2(a)(iii), 35/1996

s. 453(Sch. 1 item 3.4).

        (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administration or grant or order and power of attorney accompanied by an affidavit that such power of attorney has not been revoked to the registrar and may file verified copies thereof in his office.

S. 81(2) amended by No. 7874

s. 2(b).

    (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.

S. 81(3) amended by No. 7874

s. 2(c).

    (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.

No. 3632 s. 82.

S. 82 amended by No. 7874

s. 2(d).