Western Australian Current Acts

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ADMINISTRATION ACT 1903 - SECT 62

62 .         Power to require sureties to be provided before foreign administration sealed

        (1)         As a condition of the affixing of the seal of the Court to any administration produced and deposited pursuant to section 61 the Court may, subject to and in accordance with the rules, require one or more sureties to guarantee that they will make good, within any limit imposed by the Court on the total liability of the surety or sureties, any loss that any person interested in the administration of the estate of the deceased in this State may suffer in consequence of a breach by the administrator of his duties in administering it in this State.

        (2)         A guarantee given as required by subsection (1) shall enure for the benefit of every person interested in the administration of the estate in this State as if contained in a deed to which the surety or sureties and every such person are parties and, where there are 2 or more sureties, as if they had bound themselves jointly and severally.

        (3)         The provisions of section 26(2), (3), (5) and (6) apply to and in relation to a guarantee given as required by subsection (1) as if those provisions were set out again in full in this section.

        [Section 62 inserted: No. 138 of 1976 s. 14.]



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