Probate and Administration Act 1934 · 2020 Revised Edition · Part 8 · District Courts
35. Grants in excess of jurisdiction not to be invalid
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
No probate or letters of administration granted by a District Court before 1 January 2015 shall be invalid by reason of the assets and effects of the deceased being subsequently found to be of a value which exceeds $3 million.
probate
“probate” means a grant under the seal of the court issuing the same, authorising the executor or executors expressly or impliedly appointed by a testator’s will, or one or more of them, to administer the testator’s estate in compliance with the directions contained in his will, and in accordance with law;
The grantee shall be —
liable for the estate duty payable in respect of the true value of the estate, and for all such court fees as would have been payable had the application for the grant been made to the General Division of the High Court; and
required to give such security for the due administration of the estate as is required in the case of a grant by the General Division of the High Court.
Unless in such case the grantee complies without delay with the requirements of subsection (2), the grant may be revoked, on the application of the Commissioner of Estate Duties, or of the registrar of the Family Justice Courts, or of any person having any interest as beneficiary or creditor in the assets of the estate.