32ACertificate evidence

32A Certificate evidence

32A Certificate evidence

(1) When a trustee company is executor or administrator, or is by law authorised to administer the estate of any deceased person, a certificate issued under the seal of the trustee company, certifying:

(a) that the trustee company has taken out probate or letters of administration, or is authorised to administer the estate, and

(b) the date when such probate or letters of administration was or were granted, or when and how the trustee company became authorised to administer the estate, and

(c) the name, residence and occupation of the deceased person,

is, despite any Act or other law to the contrary, to be accepted for all purposes as prima facie evidence (without production of any other proof):

(d) of the death of the deceased person, and

(e) of the appointment of the trustee company as executor or administrator, or of the right of the trustee company to administer the estate.

(2) If a trustee company is appointed and acts jointly with any other person (in this subsection referred to as co-administrator) as executor or administrator, a certificate issued under the seal of the trustee company, certifying:

(a) that the trustee company and such co-administrator have taken out probate or letters of administration, and

(b) the date when such probate or letters of administration was or were granted, and

(c) the name, residence and occupation of the deceased person,

is, despite any Act or other law to the contrary, to be accepted for all purposes as prima facie evidence (without production of any other proof):

(d) of the death of the deceased person, and

(e) of the appointment of the trustee company and the co-administrator as executors or administrators.

s 32A: Ins 1990 No 98, Sch 1 (2).