16Reserving leave on behalf of another

16 Reserving leave on behalf of another

(1)  An executor of a deceased's estate may serve, on another executor of the deceased's estate who has not renounced his or her entitlement to apply for probate, or has not reserved leave to apply for probate at some later time, a notice in an approved form –

(a) indicating his or her intention to apply for probate; and

(b) reserving leave for the other executor to apply for probate at some later time.

(2)  If a notice is served under subrule (1)  on another executor –

(a) an application for probate in relation to the deceased's estate may not be made until 14 days after the date of service of the notice on the other executor; and

(b) the affidavit in support of the application for probate is to state that such notice has been served and the date of the service.

(3)  If a notice is to be served under subrule (1) on the partners of a law firm, that notice may be served by serving it on the law firm at its principal, or last known, place of business.