77Special administrator to make certain affidavits

77 Special administrator to make certain affidavits

77 Special administrator to make certain affidavits

The person applying for any such special grant as aforesaid shall, in addition to the oath usually taken by administrators, satisfy the Court by affidavit that—

(a) the executor or administrator of such deceased person is resident out of the jurisdiction, and

(b) except in the case of the NSW Trustee or a trustee company, the applicant is thereby delayed in recovering or obtaining payment of moneys or the possession of goods and chattels, or real estate, to which the applicant is by law entitled, or

(c) the estate is liable to loss or waste.

s 77: Am 1990 No 98, Sch 2 (3); 1994 No 32, Sch 3; 2013 No 1, Sch 1.17 [2].