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Administration and Probate Act 1929
9AEvidence of death
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9A Evidence of death
(1) Probate of the will, or administration of the estate, of a person may
be granted by the Supreme Court if it is satisfied, by direct evidence
or by evidence supporting a presumption of death, that the person is,
or may be presumed to be, dead.
(2) A grant of probate of the will, or administration of the estate, of a
person made on direct evidence of the death of the person or on
evidence supporting a presumption of the death of the person is valid
even if the person is, after the day the grant was made, found to have
been alive on that day.