46Disclaimer of trusts on renunciation of probate

46 Disclaimer of trusts on renunciation of probate (1) If a person who is appointed by will both executor and trustee thereof renounces probate, or after being duly cited or summoned fails to apply for probate, the renunciation or failure shall be deemed to be disclaimer of the trust contained in the will. (2) Where any person who is appointed by will both executor and trustee thereof renounces probate, or after being duly cited or summoned fails to apply for probate, or dies before probate is granted to him, and letters of administration with the will annexed are granted to any other person, the person who obtains the grant shall, by virtue of the grant and without further appointment, be deemed to be appointed trustee of the will in the place of the person who was appointed by the will. No. 5770 s. 47.