New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

PROBATE AND ADMINISTRATION ACT 1898 - SECT 69

Executor renouncing probate or not acting or not appearing to a citation to be treated as if the executor had renounced

69 Executor renouncing probate or not acting or not appearing to a citation to be treated as if the executor had renounced

Where, after the passing of this Act--

(a) any person renounces probate of the will of which the person is appointed executor or one of the executors, or
(b) an executor appointed in a will survives the testator but dies without having taken probate, or
(c) an executor named in a will is required in accordance with the rules, or as directed by the Court, to take probate and fails to comply with the requirement or direction,
the right of such person in respect of the executorship shall wholly cease, and the representation to the testator and the administration of the testator's estate shall, without any further renunciation, go, devolve, and be committed in like manner as if such person had not been appointed executor.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback