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Administration and Probate Act 1929
43Rights of executor in relation to real estate
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43 Rights of executor in relation to real estate
The executor to whom probate has been granted has the same rights,
and is subject to the same duties, in relation to the real estate of the
testator, as executors had or were subject to in relation to personal
assets under the law in force in New South Wales as in force
immediately before 21 October 1929.
Note The provisions of this division were relocated from the Imperial Acts
(Substituted Provisions) Act 1986, sch 2, pt 3 (for the effect of a
relocation, see Legislation Act 2001, s 96). The 1986 Act substituted
provisions for certain UK Acts that applied (or may have applied) in the
ACT and repealed those Acts. The provisions of sch 2, pt 3 were
substituted for 25 Edw. 3, St. 5, c 5 (1351). The 1986 Act, s 4 (1)
provided, in effect, that the rules of law about the interpretation of
consolidating Acts apply to the interpretation of the provisions of a law
set out in sch 2. These rules of law continue to apply to this division (see
Legislation Act 2001, s 96 (3)).