Victorian Current Acts

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ADMINISTRATION AND PROBATE ACT 1958 - SECT 66

Concealment of will a misdemeanour

S. 66(1) amended by Nos 9945
s. 3(1)(Sch. 1 item 1),
s. 3(3)(Sch. 2 item 2), 10/1994
s. 13(h), 41/2017 s. 18(1).

    (1)     Every person who retains or conceals or endeavours to retain or conceal any will or codicil or is involved in such retention or concealment with intent to defraud any person interested under such will or codicil, shall be guilty of an indictable offence; and shall be liable to a fine of not more than 100 penalty units or to imprisonment for a term of not more than two years or to both fine and imprisonment; and shall also be liable to a proceeding for damages at the suit of the persons defrauded or those claiming under them for any loss sustained by them or any of them in consequence of such retention or concealment.

Note to s. 66(1) inserted by No. 41/2017 s. 18(2).

Note

See sections 323 to 324C of the Crimes Act 1958 in relation to complicity in the commission of offences.

    (2)     No prosecution for any such offence shall be commenced without the sanction of a law officer; and no such sanction shall be given unless such previous notice of the application for leave to prosecute as the law officer directs has been given to the person for whose prosecution such sanction is sought.

Subdivision 5—General practice rules

No. 3632 s. 66.



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