Succession Act 1965 section 31

Grant of special administration where personal representative is abroad

Section 31 allows the High Court to appoint a special administrator to manage a deceased person's estate when the existing personal representative has been living outside the court's jurisdiction for at least twelve months after the death.

• If a personal representative has been residing outside the High Court's jurisdiction for twelve months or more after the deceased's death, the court may grant special administration of the estate to a creditor or interested party who applies.
• The court may order any money or securities belonging to the estate to be transferred into court for the purposes of legal proceedings involving the special administrator, and all persons must comply with such an order.
• If the original personal representative returns and resides within the jurisdiction while legal proceedings involving the special administrator are still ongoing, that personal representative must be joined as a party to those proceedings.
• The costs of the special administration and any related legal proceedings are to be paid by such person and from such fund as the court directs.

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