40CPerson living at date of grant

#### 40C Person living at date of grant 40C Person living at date of grant > > (1) Where the Court grants probate of the will or administration of the estate of any person, and it subsequently appears that the person was living at the date of the grant, the Court shall revoke the grant on such terms, if any, with respect to any proceedings at law or in equity commenced by or against the executor or administrator, and in respect of costs and otherwise, as the Court thinks proper. > > > (2) Proceedings for the revocation may be taken either by the person, or if the person has died since the date of the grant, by any person entitled to apply for probate or administration or by any person interested in the estate. > > > (3) The Court may at any time, whether before or after the revocation, make such orders, including an order for an injunction against the executor or administrator or any other person, and an order for the appointment of a receiver, as the Court may deem proper for protecting the estate. > > > (4) The provisions of this section shall extend to a case where the grant of probate or administration was made before, as well as to a case where the grant is made after the commencement of the [Wills Probate and Administration (Amendment) Act 1932](/view/pdf/asmade/act-1932-49). > > **s 40C:** Ins 1932 No 49, sec 2. Am 1970 No 52, Second Sch; 1994 No 32, Sch 3.