Victorian Current Acts

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ADMINISTRATION AND PROBATE ACT 1958 - SECT 9

Revocation of probate etc. of person living at date of grant

    (1)     Where the Court grants probate of the will or administration of the estate of any person, and it subsequently appears that he was living at the date of the grant, the Court shall revoke the grant on such terms, if any, with respect to any proceedings commenced by or against the personal representative, and in respect of costs and otherwise, as the Court thinks proper.

S. 9(2) amended by No. 110/1986 s. 140(2).

    (2)     Proceedings for the revocation may be taken either by the person himself, or, if he has died since the date of the grant, by any person entitled to apply for probate or administration or by any person interested in the estate of the deceased person.

S. 9(3) repealed by No. 10/1994
s. 13(a).

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No. 4141 s. 5.



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