Victorian Current Acts

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ADMINISTRATION AND PROBATE ACT 1958 - SECT 24

Grant of administration where personal representative is abroad

    (1)     If at the expiration of twelve months from the death of a person any personal representative of the deceased to whom a grant has been made is residing out of the jurisdiction of the Court the Court may on the application of any creditor or person interested in the estate of the deceased grant to him special administration of the estate of the deceased in such form as may be prescribed by Rules of Court or as may be directed by the Court.

S. 24(2) amended by No. 6716 s. 2.

    (2)     The court may for the purpose of any legal proceedings to which the administrator under the special administration is a party order the transfer into court of any money or securities belonging to the estate of the deceased person and all persons shall obey any such order.

    (3)     If the personal representative capable of acting as such returns to and resides within the jurisdiction of the Court while any legal proceedings to which a special administrator is a party are pending that personal representative shall be made a party to the legal proceedings and the costs of and incidental to the special administration and the legal proceedings shall be paid by such person and out of such fund as the court in which the proceedings are pending directs. In this subsection "court" means any court having jurisdiction in relation to such proceedings.

S. 24A inserted by No. 45/1994
s. 39.



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