41Discharge or removal of executor or administrator

41 Discharge or removal of executor or administrator (1) Notwithstanding anything contained in any law in force in the Territory, where an executor or administrator to whom representation has been granted, or where an administrator who has been appointed under this section: (a) remains out of the Territory for more than 2 years; (b) desires to be discharged from his or her office of executor or administrator; or (c) after the grant or appointment, refuses, or is unfit, to act in the office, or is incapable of acting therein, the Court may upon application order the discharge or removal of that executor or administrator, and the appointment of some proper person as administrator in place of the executor or administrator so discharged or removed, upon such terms and conditions as the Court thinks fit, and may make all necessary orders for vesting the estate in the new administrator, and as to accounts, and such order as to costs, as the Court thinks fit. (2) Notice of the application shall be served on such persons, if any, as the Court directs. Administration and Probate Act 1969 13 (3) An executor or administrator so removed or discharged shall, from the date of the order, cease to be liable for acts and things done after that date. (4) Upon the appointment of the new administrator the property and rights vested in, and the liabilities properly incurred in the due administration of the estate by, the executor or administrator so discharged or removed, shall become and be vested in, and transferred to, the new administrator, who shall, as such, have the same privileges, rights, powers, duties, discretions and liabilities, as if probate or administration had been granted to him or her originally.