South Australian Consolidated Acts South Australian Consolidated Acts36—Rights of executor renouncing, not acting, or not appearing when
cited, to cease as if he had not been named in will
Whenever—
(a) any
person renounces probate of the will of which he 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 cited to take probate, and does not appear to such
citation,
the right of such person or executor in respect of the executorship shall
wholly cease, and the representation of the testator and the administration of
his estate shall and may, without any further renunciation, go, devolve, and
be committed in like manner as if such person had not been appointed executor.