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Administration and Probate Act 1969
28Renunciation or non-appearance by executor
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28 Renunciation or non-appearance by executor
Where:
(a) any person renounces probate of the will of which he or she is
appointed an executor;
(b) an executor appointed in a will survives the testator but dies
without having taken probate; or
(c) an executor named in a will is personally cited to take probate
and does not appear to the citation,
the right of that person in respect of the executorship shall wholly
cease, and the representation of the testator and the administration
of his or her estate shall, without any further renunciation, go,
devolve, and be committed in like manner as if that person had not
been appointed executor.