Part V PROBATE CAUSES AND MATTERS

Revocation of grants and cancellation of resealing at instance of court

121 Revocation of grants and cancellation of resealing at instance of court.

(1)

Where it appears to the High Court that a grant either ought not to have been made or contains an error, the court may call in the grant and, if satisfied that it would be revoked at the instance of a party interested, may revoke it.

(2)

A grant may be revoked under subsection (1) without being called in, if it cannot be called in.

(3)

Where it appears to the High Court that a grant resealed under the Colonial Probates Acts 1892 and 1927 ought not to have been resealed, the court may call in the relevant document and, if satisfied that the resealing would be cancelled at the instance of a party interested, may cancel the resealing.

In this and the following subsection “the relevant document” means the original grant or, where some other document was sealed by the court under those Acts, that document.

(4)

A resealing may be cancelled under subsection (3) without the relevant document being called in, if it cannot be called in.