Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 16

Cesser of right of executor to prove

16. Cesser of right of executor to prove



(1) Where a person appointed executor by a will-

   (a)  survives the testator but dies without having taken out probate of the
        will; or

   (b)  is cited to take out probate of the will and does not appear to the
        citation; or

   (c)  renounces probate of the will-

his rights in respect of the executorship shall wholly cease, and the
representation to the testator and the administration of his estate shall
devolve and be committed in like manner as if that person had not been
appointed executor.

(2) An executor who has renounced probate may notwithstanding anything in the
last preceding subsection contained be permitted by the Court to withdraw the
renunciation and prove the will and where an executor who has renounced
probate has been so permitted, whether before or after the commencement of
this Act, the probate shall take effect and be deemed always to have taken
effect without prejudice to the previous acts and dealings of and notices to
any other personal representative who has previously proved the will or taken
out letters of administration, and a memorandum of the subsequent probate
shall be indorsed on the original grant.