sec.45When grantee under letters of administration is taken to be trustee of will

sec.45 When grantee under letters of administration is taken to be trustee of will

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; or dies before probate of the will is granted to the person; and letters of administration with the will are granted to another person (the grantee ). The grantee is taken to have been appointed trustee of the will instead of the person. (sec.45-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; or dies before probate of the will is granted to the person; and letters of administration with the will are granted to another person (the grantee ). (sec.45-ssec.2) The grantee is taken to have been appointed trustee of the will instead of the person.

• (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; or (iii) dies before probate of the will is granted to the person; and
• (i) renounces probate of the will; or
• (ii) fails to apply for probate of the will after being properly cited or summoned to apply; or
• (iii) dies before probate of the will is granted to the person; and
• (c) letters of administration with the will are granted to another person (the grantee ).
• (i) renounces probate of the will; or
• (ii) fails to apply for probate of the will after being properly cited or summoned to apply; or
• (iii) dies before probate of the will is granted to the person; and