New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 72

72 Administration to be granted to attorney in certain cases

(1) When any person named as executor, or any spouse or the next of kin entitled to probate or administration is out of the jurisdiction or is engaged on war service within the meaning of the Trustee and Wills (Emergency Provisions) Act 1940 , but has some other person within the jurisdiction appointed under power of attorney to act for the person, administration may be granted to such attorney, but on behalf of the person entitled thereto, and on such terms and conditions as the Court thinks fit.

(2) A grant of administration under this section shall continue in force notwithstanding the death of the donor of the power, unless the grant in terms provides that it shall determine on such event.