Victorian Current Acts

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Cesser of right of executor to prove

    (1)     Where a person appointed executor by a will

        (a)     survives the testator but dies without having taken out probate of the will; or

        (b)     is cited to take out probate of the will and does not appear to the citation; or

        (c)     renounces probate of the will

his rights in respect of the executorship shall wholly cease, and the representation to the testator and the administration of his estate shall devolve and be committed in like manner as if that person had not been appointed executor.

S. 16(2) amended by No. 10/1994
s. 4(3).

    (2)     An executor who has renounced probate may notwithstanding anything in the last preceding subsection contained be permitted by the Court to withdraw the renunciation and prove the will and where an executor who has renounced probate has been so permitted, whether before or after the commencement of this Act, the probate shall take effect and be deemed always to have taken effect without prejudice to the previous acts and dealings of and notices to any other personal representative who has previously proved the will or taken out letters of administration, and a memorandum of the subsequent probate shall be indorsed on the original grant.

Nos 3632
s. 13, 4191
s. 2.

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