New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 40A

40A Evidence or presumption of death

(1) Where the Court is satisfied, whether by direct evidence or on presumption of death, that any person is dead, the Court shall have jurisdiction to grant probate of the person's will or administration of the person's estate, notwithstanding that it may subsequently appear that the person was living at the date of the grant.

(2) The provisions of this Act, the Guardianship of Infants Act 1916 , Part 15 of the Conveyancing Act 1919 and the Succession Act 2006 relative to a deceased person and of the Real Property Act 1900 relative to a deceased proprietor shall, unless the context or subject-matter otherwise indicates or requires, extend to any person with respect to whom the Court is satisfied in accordance with subsection (1) is deceased.

(3) The provisions of this section shall extend to a case where the grant of probate or administration was made before, as well as to a case where the grant is made after the commencement of the Wills Probate and Administration (Amendment) Act 1932 , provided that nothing in this section shall affect any action or proceeding decided before or pending at the commencement of that Act.