South Australian Current Acts South Australian Current Acts25—Order to produce any instrument purporting to be testamentary
(1) The Court may,
whether any action or other proceeding is or is not pending in the Court with
respect to any probate or administration, order any person to produce and
bring into the office of the Court, or otherwise as the Court may direct, any
paper or writing being or purporting to be testamentary which is shown to be
in the possession or under the control of such person.
(2) If it is not shown
that any such paper or writing is in the possession or under the control of
such person, but it appears that there are reasonable grounds for believing
that he has knowledge of any such paper or writing, the Court may direct such
person to attend for the purpose of being examined in open Court, or before a
Judge in Chambers, or upon interrogatories, respecting the same.
(3) Such person shall
answer such questions or interrogatories, and, if so ordered, shall produce
and bring in such paper or writing, and shall be subject to the like processes
of contempt in case of default in attending, or in answering such questions or
interrogatories, or bringing in such paper or writing, as he would have been
subject to in case he had been a party to an action in the Court and had made
such default.
(4) The costs of any
such proceeding shall be in the discretion of the Court.