Victorian Current Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 138

    (1)     VCAT may, by order, revoke an administration (missing person) order—

        (a)     on application by the person who was the missing person; or

        (b)     on application by the administrator or any other person, if satisfied that—

              (i)     the missing person is alive; or

              (ii)     the missing person is dead; or

              (iii)     the missing person may be presumed to be dead.

    (2)     VCAT must, by order, revoke an administration (missing person) order—

        (a)     if the Supreme Court, on being satisfied of the death of the missing person, whether by direct evidence or on presumption of death, has made a grant of probate of the will or administration of the estate of the missing person under section 7 of the Administration and Probate Act 1958 ; or

        (b)     if the registrar of probates, on being satisfied of the death of the missing person, whether by direct evidence or on presumption of death, has made a grant of probate of the will or administration of the estate of the missing person under section 12 of the Administration and Probate Act 1958 ; or

        (c)     if the presumption of death is successfully invoked in relation to the missing person for the purpose of any other proceeding before a court in Victoria or elsewhere in Australia; or

        (d)     if any property or affairs of the missing person becomes subject to an order under section 24A of the Administration and Probate Act 1958 .