7Grant of probate etc. on evidence or presumption of death

7 Grant of probate etc. on evidence or presumption of death (1) Where the Court is satisfied, whether by direct evidence or on presumption of death, that any person has died leaving property whether real or personal in Victoria, the Court shall have and shall at all times be deemed to have had jurisdiction to grant probate of his will or administration of his estate as if he were a deceased person, notwithstanding that it may subsequently to the grant appear that he was living at the date of the grant. (2) Subject to the provisions of this Act, where a grant is or has been made of probate of the will or administration of the estate of any person with respect to whom the Court is satisfied as aforesaid that he is dead, notwithstanding that it may subsequently appear that the person in respect of whose estate the grant was made was living at the date of the grant, the person administering the estate for the time being by virtue of such grant shall have and be deemed to have had the like rights powers privileges duties and liabilities as the personal representative of a deceased person, and in any Act the expression ***personal representative*** shall include and be deemed at all times to have included the person administering the estate for the time being by virtue of such grant. S. 7(3) repealed by No. 10/1994 No. 4141 s. 3.