Evidentiary effect of probate and letters of administration

In force

(1)

The probate of a will or letters of administration with a will annexed are evidence of the execution of the will.

(2)

The copy of a will annexed to a probate or to letters of administration is evidence of the contents of the will.

(3)

The probate of a will is evidence of the death of the testator and, if the probate states the date of death of the testator, of the date of death.

(4)

Letters of administration of the estate of a deceased person are evidence of the death of the person and, if the letters of administration state the date of death of the person, of the date of death.

Note

The Evidence Act 2011, s 92 (1) deals with the admission or use of the grant of probate or letters of administration to prove the death, or date of death, of a person or the execution of a testamentary document.

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9C Evidentiary effect of probate and letters of administration