32Discharge or removal of executors and administrators

32 Discharge or removal of executors and administrators (1) In this section: administrator includes an administrator appointed under this section. Note Administrator includes any person to whom administration is granted (see dict). executor means an executor who has been granted representation. (2) This section applies if an executor or administrator— (a) remains out of the ACT for more than 2 years; or (b) wants to be discharged from the office of executor or administrator; or (c) after the grant of representation or appointment— (i) refuses to act in the office; or (ii) is unfit to act in the office; or (iii) is incapable of acting in the office. (3) The Supreme Court may order, on the terms and conditions it considers appropriate— (a) the discharge or removal of the executor or administrator (the old executor or administrator); and (b) the appointment of someone else as administrator (the new administrator) in place of the old executor or administrator. (4) For subsection (3), the Supreme Court may make— (a) orders for vesting the estate in the new administrator; or (b) orders about accounts; or (c) any order about costs. (5) The old executor or administrator is not liable for an act done or omission made after the date of the order. (6) On appointment of a new administrator— (a) the property and rights of the estate vested in the old executor or administrator vest in the new administrator; and (b) the liabilities properly incurred in the administration of the estate by the old executor or administrator vest in the new administrator; and (c) the new administrator has the same functions as if probate of the estate had originally been granted to the new administrator. (7) If the Supreme Court considers it necessary, notice of an application for the discharge or removal of the old executor or administrator may be served on anyone the Supreme Court directs.