(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