Succession Act 1965 section 22

Protection of persons acting on probate or administration

Section 22 protects people who make payments or distribute assets in good faith based on a grant of probate or administration, even if that grant later turns out to be defective or is revoked.

• Anyone who makes a payment or transfers assets in good faith under a grant of representation is fully protected, even if there is a defect in that grant.
• If a grant of representation is later revoked, any payments or transfers already made in good faith to the personal representative remain valid and legally discharge the person who made them.
• A personal representative who acted under a revoked grant may keep back amounts to cover payments or distributions they properly made before the revocation.
• The key requirement throughout is good faith — the protection only applies where the person acted honestly and without knowledge of any problem with the grant.

---