South Australian Current Acts

SUCCESSION ACT 2023 - SECT 69

69—Revocation of grant of probate or administration not to prejudice legal action

        (1)         If, before the revocation of a grant of probate or administration, proceedings are commenced against the executor or administrator who obtained the grant, the Court in which such proceedings are pending may order the revocation of the probate or administration, and the grant of any probate or administration which has been made consequent on the proceedings, to be notified on the record.

        (2)         If, before the revocation of a grant of special administration, proceedings are commenced against the administrator who obtained the grant, the Court in which such proceedings are pending may order the revocation of the special administration, and the grant of any administration which has been made consequent on the proceedings, to be notified on the record.

        (3)         On an order being made under this section, the proceedings will continue in the name of, or against, the new or original executor or administrator as if the proceedings had been originally commenced by or against the new or original executor or administrator, subject to such conditions and variations (if any) as the Court directs.