Probate Rules 2017
17Renunciation of entitlement to grant of probate
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17 Renunciation of entitlement to grant of probate
(1) Unless otherwise directed by the Court, a judge or the Registrar, if a person entitled to apply for probate in relation to a deceased files with the Court a renunciation of that entitlement in an approved form, the person is no longer entitled to apply for, in respect of the deceased –
(a) probate; or
(b) any other form of grant.
(2) Subject to the Powers of Attorney Act 2000 , a person without capacity to consent may not renounce the entitlement to apply for a grant under this rule.
(3) A person may apply to the Court or a judge, in accordance with the Supreme Court Rules 2000 , for an order allowing the person to withdraw a renunciation filed under subrule (1) .
(4) Leave allowing a person to withdraw a renunciation under subrule (3) may not be given if a grant has been issued to another person who is entitled to apply for such a grant, unless the Court or a judge is satisfied that there are exceptional circumstances.