New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 78.18

78.18 Application for grant of administration with will annexed where named executor has renounced probate

(cf former Part 78, rule 26 (3))

(1) In proceedings on an application for the grant of administration with the will annexed in which all named executors have renounced probate--

(a) evidence of each such renunciation must be furnished, and

(b) if any such renunciation has been signed by a named executor, the renunciation must be filed.

(2) Where the executor or executors in a will have renounced probate in favour of the NSW Trustee and Guardian, administration with the will annexed may be granted to the NSW Trustee and Guardian without the consent of, or giving notice to, any person.