Succession Act 1965 section 33

Continuance of legal proceedings after revocation of temporary administration

Section 33 deals with what happens to ongoing court cases when a temporary administrator is replaced by a new personal representative.

  • Where a temporary administrator is involved in ongoing court proceedings, and their temporary administration is revoked, the court case does not simply come to an end.
  • The court handling the proceedings may order that the new personal representative steps into the shoes of the former temporary administrator in those proceedings.
  • The case continues as though the new personal representative had been the party to the proceedings from the very beginning.
  • The court has discretion to impose any conditions or make any variations to the proceedings that it considers appropriate when making such an order.

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