South Australian Numbered Acts

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SUCCESSION ACT 2023 (NO 30 OF 2023) - SECT 58

58—Provisions for evidence in case of foreign will

        (1)         If an application for probate or administration with the will annexed is made in relation to a foreign will and the application is not contentious, the Court may—

            (a)         grant probate or administration on the consul or consular agent in this State for the relevant country, or any other person acquainted with the law of the relevant country, testifying, to the satisfaction of the Court, that the will is valid according to such law; or

            (b)         issue a commission to take evidence in the relevant country in support of the will and in proof of the law affecting the validity of the will.

        (2)         The provisions of the law for the time being in force with regard to commissions issued from the Court in actions depending on commissions will, so far as applicable, apply to commissions issued under this section.



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