SUCCESSION ACT 1981 - SECT 47
Executor of executor represents original testator
SUCCESSION ACT 1981 - SECT 47
Executor of executor represents original testator
47 Executor of executor represents original testator
(1) Subject to this section an executor of a sole or last surviving executor
of a testator is the executor by representation of that testator.
(1A)
Subsection (1) shall not apply to an executor who does not prove the will of
his or her testator, and, in the case of an executor who on his or her death
leaves surviving the executor some other executor of his or her testator to
whom probate of the will of that testator is afterwards granted, it shall
cease to apply on such probate being granted.
(2) So long as the chain of
executorial representation is unbroken, the last executor in the chain is the
executor of every preceding testator.
(3) The chain of executorial
representation is broken by—
(a) an intestacy; or
(b) the failure of a
testator to appoint an executor; or
(c) the failure to obtain probate of the
will in Queensland; or
(d) the renunciation by the executor of the
executorship by representation;
but it is not broken by a temporary grant of
administration if probate is subsequently granted.
(4) Every person in the
chain of executorial representation in relation to a testator—
(a) has the
same rights in respect of the estate of that testator as the original executor
would have had if living; and
(b) is, to the extent to which the estate of
the testator has come into his or her hands, answerable as if the executor
were an original executor.
(5) An executor may renounce his or her
executorship by representation before intermeddling without renouncing the
executorship in relation to his or her own testator.
