Australian Capital Territory Current Acts

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ADMINISTRATION AND PROBATE ACT 1929 - SECT 80

Reseal of grant made in reciprocating jurisdiction

    (1)     This section applies if a court of competent jurisdiction in a reciprocating jurisdiction has granted probate of a will, administration of an estate or an order to collect and administer an estate.

    (2)     On application by a relevant person, the Supreme Court may order that the probate, administration or order be sealed with the seal of the court.

    (3)     For subsection (2), each of the following is a relevant person :

        (a)     for a probate of a will—

              (i)     the executor to whom the probate was granted; or

              (ii)     a person authorised by the executor, under a power of attorney, to make the application; or

              (iii)     the executor, by representation, of the will;

        (b)     for administration of an estate—

              (i)     the administrator to whom the administration was granted; or

              (ii)     the person authorised by the administrator, under a power of attorney, to make the application;

        (c)     for an order to collect and administer an estate—a public trustee in the reciprocating jurisdiction to whom the order was granted.

    (4)     In this section:

"reciprocating jurisdiction" means—

        (a)     a State; or

        (b)     a Commonwealth country; or

        (c)     a country, or part of a country, prescribed by regulation.



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