Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 84

Re-sealing of foreign grants

84. Re-sealing of foreign grants



(1) As a condition of sealing any letters of administration or grant or order
giving a person authority to administer the estate of a deceased person under
this Part, the Court or the registrar may, subject to the following provisions
of this section and subject to and in accordance with the rules, require one
or more sureties in such amount as the Court or the registrar thinks fit to
guarantee that they will make good, within any limit imposed by the Court or
the registrar on the total liability of the surety or sureties, any loss which
any person interested in the administration of the estate of the deceased in
Victoria may suffer in consequence of a breach by the administrator of his
duties in administering it in Victoria.

(2) A guarantee given in pursuance of any such requirement shall enure for the
benefit of every person interested in the administration of the estate in
Victoria 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 action shall be brought on any such guarantee without the leave of the
Court.



(4) This section does not apply where the letters of administration or grant
or order were granted to a person for the use or benefit of Her Majesty or to
any person body corporate or holder of an office in any place outside Victoria
specially exempted by any Act.