SUPREME COURT RULES 1970 - SECT 78.17 Application for grant of probate where named executor has renounced probate or reserved leave to apply

SUPREME COURT RULES 1970 - SECT 78.17

78.17 Application for grant of probate where named executor has renounced probate or reserved leave to apply

(1) In proceedings on an application for the grant of probate in which one or more, but not 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) If a named executor is not joining in the application, but leave is sought to be reserved to the executor to come in and apply for probate at some future date, evidence must be furnished--

(a) that the executor was served with notice of the intended proceedings at least 14 days before the proceedings were commenced, or

(b) that the executor is a person under legal incapacity.