Queensland Consolidated Acts

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SUCCESSION ACT 1981 - SECT 47

Executor of executor represents original testator

47 Executor of executor represents original testator

(1) Subject to this section an executor of a sole or last surviving executor of a testator is the executor by representation of that testator.
(1A) Subsection (1) shall not apply to an executor who does not prove the will of his or her testator, and, in the case of an executor who on his or her death leaves surviving the executor some other executor of his or her testator to whom probate of the will of that testator is afterwards granted, it shall cease to apply on such probate being granted.
(2) So long as the chain of executorial representation is unbroken, the last executor in the chain is the executor of every preceding testator.
(3) The chain of executorial representation is broken by—
(a) an intestacy; or
(b) the failure of a testator to appoint an executor; or
(c) the failure to obtain probate of the will in Queensland; or
(d) the renunciation by the executor of the executorship by representation;
but it is not broken by a temporary grant of administration if probate is subsequently granted.
(4) Every person in the chain of executorial representation in relation to a testator—
(a) has the same rights in respect of the estate of that testator as the original executor would have had if living; and
(b) is, to the extent to which the estate of the testator has come into his or her hands, answerable as if the executor were an original executor.
(5) An executor may renounce his or her executorship by representation before intermeddling without renouncing the executorship in relation to his or her own testator.



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