New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 81

81 Revocation of grants not to prejudice actions or suits

(1) Where any proceedings at law or in equity have been commenced by or against any executor or administrator lawfully acting as such, and the grant of probate or administration is, pending such proceedings, revoked or rescinded, the court in which such proceedings are pending may order that a suggestion be made upon the records of--

(a) the revocation or rescission of such probate or administration, and

(b) the grant or restoration of probate or administration which has been made consequent thereon.

(2) Thereupon the proceedings shall be continued in the name of the executor or administrator authorised to act as such by such grant or restoration of probate or administration as if the proceedings had been originally commenced by or against such last-mentioned executor or administrator, but subject to such conditions and variations (if any) as such court may direct.

(3) If the grant of probate or administration is revoked under the provisions of section 40C the court in which the proceedings are pending may in lieu of the suggestion referred to in subsection (1), order that such suggestion be made as it deems proper, and thereupon the proceedings shall be continued in the name of such person as the court directs as if the proceedings had been originally commenced by or against that person, but subject to such conditions and variations, if any, as the court directs, or the court may stay the proceedings on such terms in respect of costs or otherwise as it thinks just.