Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 17

Executor of executor represents original testator

17. Executor of executor represents original testator



(1) An executor of a sole or last surviving proving executor of a testator is
the executor of that testator.

This provision shall not apply to an executor who does not prove the will of
his testator, and, in the case of an executor who on his death leaves
surviving him some other executor of his testator who afterwards proves the
will of that testator, it shall cease to apply on such probate being granted.

(2) So long as the chain of such representation is unbroken, the last executor
in the chain is the executor of every preceding testator.

(3) The chain of such representation shall be broken by-

   (a)  an intestacy; or

   (b)  the failure of a testator to appoint an executor; or





   (c)  the failure to obtain probate of a will;

but shall not be broken by a temporary grant of administration if probate is
subsequently granted.

(4) Every person in the chain of representation to a testator-

   (a)  shall have the same rights in respect of the estate of that testator
        as the original executor would have had if living; and

   (b)  shall be to the extent to which the estate of that testator has come
        to his hands, answerable as if he were an original executor.