South Australian Current Acts South Australian Current Acts57—Effect of probate and administration granted interstate or overseas
(1) If an
interstate grant of probate or administration is produced to the Registrar and
a copy of it is deposited with the Registrar, the Registrar may register that
grant and once so registered—
(a) that
grant of probate or administration has the same force, effect and operation as
if it had been originally granted by the Court; and
(b)
subject to this Act, every executor or administrator under that grant of
probate or administration has, the same rights and powers, and must perform
the same duties and be subject to the same liabilities, as if the probate or
administration had been originally granted by the Court.
(2) If a foreign grant
of probate or administration is produced to the Registrar and a copy of it is
deposited with the Registrar, that grant of probate or administration may be
sealed with the seal of the Court and once so sealed—
(a) that
grant of probate or administration has the same force, effect and operation as
if it had been originally granted by the Court; and
(b)
subject to this Act, every executor or administrator under that grant of
probate or administration has, the same rights and powers, and must perform
the same duties and be subject to the same liabilities, as if the probate or
administration had been originally granted by the Court.
(3) For the purposes
of this section, a foreign grant of probate or administration includes any
document that the Registrar is satisfied—
(a) was
issued by a court of competent jurisdiction of the relevant country; and
(b)
corresponds, according to the law of that country, to probate of a will or to
an administration in this State.
(4) For the purposes
of subsection (3), the Registrar may accept—
(a) a
certificate from a consul or consular agent in this State of the relevant
country; or
(b) such
other evidence as the Registrar considers sufficient.
(5) For the avoidance
of doubt, it is not necessary for an interstate grant of probate or
administration to be sealed by the Court.
(6) In this
section—
"administration" includes exemplification of letters of administration and
such other formal evidence of letters of administration purporting to be under
the seal of a court of competent jurisdiction that the Registrar considers
sufficient;
"probate" includes exemplification of probate and any other formal document
purporting to be under the seal of a court of competent jurisdiction that the
Registrar considers sufficient.