Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 15

Executor etc. neglects to prove, renounce or bring in the will

15. Executor etc. neglects to prove, renounce or bring in the will

The Court shall continue to have power to summon any person named as executor
in any will to prove or renounce probate of the will and to do such other
things concerning the will as have heretofore been customary and in particular
and without limiting the generality or effect of the foregoing provision in
any case where the executor named in a will or any person having possession of
any will neglects to bring such will into court within six weeks from the
death of the testator or where the executor named in a will neglects to prove
the same or renounce probate thereof within six weeks from the death of the
testator any party interested under such will or in the estate or the State
Trustees or any creditor of the testator may apply to the Court for an order
calling upon the executor or any person having possession of such will to show
cause why he should not bring such will into court or why such executor should
not prove the same or renounce probate thereof or in the alternative why
administration with such will annexed should not be granted to the applicant
and upon proof of service of the summons, if the executor or such person does
not appear or show sufficient cause as aforesaid, it shall be lawful for the
Court to make an order upon such executor or person to bring such will into
court and make such order in the premises and as to costs as appears just and
the Court may grant administration of the estate to such applicant.