New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 91

Grant of probate or administration to enable application to be dealt with

91 Grant of probate or administration to enable application to be dealt with

(cf WPA 41A)

(1) This section applies if an application is made by a person for a family provision order, or notional estate order, in respect of the estate of a deceased person, or deceased transferee, respectively, in relation to which administration has not been granted.
(2) The Court may, if it is satisfied that it is proper to do so, grant administration in respect of the estate of the deceased person or deceased transferee to any person the Court considers appropriate for the purposes only of permitting the application concerned to be dealt with, whether or not the deceased person or deceased transferee left property in New South Wales.
(3) The granting of administration under the Probate and Administration Act 1898 does not--
(a) prevent the Court from granting administration under this section, or
(b) unless the Court otherwise orders, affect any previous grant of administration under this section.
(4) The provisions of the Probate and Administration Act 1898 apply to a grant of administration under this section, and to the legal representative of the estate, in the same way as they apply to a grant of administration under that Act and the legal representative of any estate for which such a grant has been made.



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