Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ADMINISTRATION AND PROBATE ACT 1958 - SECT 10

Effect of revocation

If a grant is revoked under the last preceding section of this Act—

        (a)     the personal representative under the revoked grant shall be bound duly to account and to pay and transfer all money and property received by or vested in him as such personal representative and then remaining in his hands as the Court directs, but shall not be liable for any money or property paid or transferred by him in good faith under the representation before the revocation. Nothing in this paragraph shall affect any commission protection indemnity reimbursement or right to which the personal representative is entitled under this Act;

        (b)     the revocation shall not invalidate any payment or transfer lawfully made by or to the personal representative in the course of administering the estate before the revocation, but nothing in this paragraph shall prejudice the right of the person himself, or, if he has died since the date of the grant, the personal representative to whom a grant is made consequent on the revocation, or any other person, to follow assets into the hands of the persons or any of them among whom the same have been distributed or who have received the same, other than purchasers for value without notice that the person supposed to be dead was actually alive at the date of the grant;

S. 10(c) amended by No. 57/1989
s. 3(Sch. item 4.3).

        (c)     the person himself, or, if he has died since the date of the grant, the personal representative to whom a grant is made consequent on the revocation, shall be entitled to receive from the Consolidated Fund (which is hereby appropriated for the purpose accordingly) the amount of duty paid thereto in respect of the revoked grant;

        (d)     the Court may make such vesting order as it deems proper;

S. 10(e) repealed by No. 10/1994
s. 13(a).

    *     *     *     *     *

S. 11 amended by No. 6640
s. 2(a)(i)(ii), repealed by No. 8951
s. 5(1)(b).

    *     *     *     *     *

Nos 3632
s. 7, 4486
s. 2, 6089
s. 2(1).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback