Victorian Current Acts

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ADMINISTRATION AND PROBATE ACT 1958 - SECT 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.

S. 84(3) amended by No. 110/1986 s. 140(2).

    (3)     No action shall be brought on any such guarantee without the leave of the Court.

S. 84(4) amended by No. 10/1994
s. 13(j).

    (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.

No. 3632 s. 85.

S. 85 amended by No. 7874
s. 2(h).



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