Victorian Current Acts Victorian Current ActsS. 57(1) amended
by Nos 57/1989
s. 3(Sch. item 4.4), 6/2018 s. 68(Sch. 2 item
1.2).
(1) As a condition of granting administration to any person the Court or the registrar may require one or more sureties to guarantee that they will make good, in an amount not exceeding the amount at which the property of the deceased is sworn or affirmed, any loss which any person interested in the administration of the estate of a deceased may suffer in consequence of a breach by the administrator of his duties as such.
(2) A guarantee shall enure for the benefit of every person interested in the administration of the estate of the deceased 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.
S. 57(3) amended by Nos 110/1986 s. 140(2),
10/1994
s. 13(f).
(3) No proceeding shall be brought on any such guarantee without the leave of the Court.
S. 57(4) amended by Nos 55/1987
s. 57(3)(Sch. 5 item 6), 10/1994
s. 13(g), 15/1998 s. 5(f), 25/2023 s. 7(Sch. 1 item 2.1).
(4) This section does not apply where administration is granted to a person for the use or benefit of His Majesty or to the State Trustees or to any person body corporate or holder of an office specially exempted by any Act.
Subdivision 2—Caveats
No. 3632 s. 52.
S. 58 amended by No. 9041 s. 5, substituted
by No. 10/1994
s. 10.