Trusts Act 2025
sec.44Disclaimer of trust of will on renunciation of probate or failure to apply
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sec.44 Disclaimer of trust of will on renunciation of probate or failure to apply
This section applies if— a person is appointed as both executor and trustee of a will; and the person— renounces probate of the will; or fails to apply for probate of the will after being properly cited or summoned to apply. The person’s renunciation or failure is taken to be a disclaimer by the person of the trust of the will. To remove any doubt, it is declared that subsection (2) does not affect any express trust established under the will. (sec.44-ssec.1) This section applies if— a person is appointed as both executor and trustee of a will; and the person— renounces probate of the will; or fails to apply for probate of the will after being properly cited or summoned to apply. (sec.44-ssec.2) The person’s renunciation or failure is taken to be a disclaimer by the person of the trust of the will. (sec.44-ssec.3) To remove any doubt, it is declared that subsection (2) does not affect any express trust established under the will.
- (a) a person is appointed as both executor and trustee of a will; and
- (b) the person— (i) renounces probate of the will; or (ii) fails to apply for probate of the will after being properly cited or summoned to apply.
- (i) renounces probate of the will; or
- (ii) fails to apply for probate of the will after being properly cited or summoned to apply.
- (i) renounces probate of the will; or
- (ii) fails to apply for probate of the will after being properly cited or summoned to apply.