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Administration and Probate Act 1929
20Renunciation or non-appearance by executor
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20 Renunciation or non-appearance by executor
(a) the person appointed executor by a will renounces probate of the
will; or
(b) the person appointed executor by a will survives the testator but
dies without having taken out probate of the will; or
(c) an application is made in the Supreme Court under section 25
(Failure of executor to prove will) in relation to the person
appointed executor by a will and the person does not file in the
court a notice of intention to respond or defence within the time
required by the rules.
(2) The person’s rights as executor of the will cease, and the
representation of the testator and the administration of the testator’s
estate are taken, without further renunciation, to devolve as if the
person had not been appointed executor.