Queensland Consolidated Acts

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Cesser of right of executor to prove

46 Cesser of right of executor to prove

Where a person appointed executor by a will—

(a) survives the testator but dies without having taken out probate of the will; or
(b) renounces probate; or
(c) after being duly cited or summoned fails to apply for probate;
the person’s rights in respect of the executorship shall wholly cease, and the representation of the testator and the administration of the testator’s estate shall devolve and be committed in like manner as if that person had not been appointed executor.

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