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Administration Orders for Missing Persons' Estates

On 28 October 2010, new provisions in the Victorian Guardianship and Administration Act 1986 commenced, allowing the Victorian Civil and Administrative Tribunal (VCAT) to appoint an administrator to manage the property and financial matters of a missing person.

Under new Part 5A of the Guardianship and Administration Act, VCAT may appoint an administrator where there is a need for decisions in relation to a missing person’s financial matters or property and the appointment is in the best interests of the missing person.

For the purposes of the Part, a person is a missing person if it is not known whether they are alive, reasonable efforts have been made to find them, and they have not contacted anyone whom they would be likely to contact for at least 90 days.

This document provides some key information on the new process. However, it is not intended to be a substitute for legal advice.


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Author: Department of Justice and Administration – Civil Law Policy
Publisher: Department of Justice and Administration – Civil Law Policy
Date of Publication: February 2012
Copyright: State of Victoria, 2012

 

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