1971 Ed.]
Probate and Administration.
[CAP. 10
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proving executor or executors for the time being and shall be as effectual as if all the persons named as executors had concurred therein.
(2) This section applies whether the testator died before or after the commencement of this Ordinance.
28. Where a person appointed executor by a will-
(a) survives the testator but dies without having taken out probate of the will; or
(b) is cited to take out probate of the will and does not appear to the citation; or
(c) renounces probate of the will,
his rights in respect of the executorship shall wholly cease, and the representation to the testator, and the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed executor.
29. (1) Any person who is or may become entitled to representation may expressly renounce his right to such representation.
(2) Such renunciation may be made orally on the hearing of any petition or probate action by the person renouncing or by counsel on his behalf, or in writing signed by the person so renouncing and attested by a solicitor or by any person before whom an affidavit may be sworn.
30. (1) Any person having or claiming any interest in the estate of a deceased person may cause to be issued a citation directed to the executors appointed by the deceased's will calling upon them to accept or renounce their executorship.
(2) Any person so cited may enter an appearance to the citation, but if he makes a default in appearance thereto, he shall be deemed to have renounced his executorship; and if, having appeared, he does not proceed to apply for probate, or having applied has failed to prosecute his application with reasonable diligence, the person so citing may apply for an order that the person cited, unless he applies for and obtains probate within a time limited by the order, shall be deemed to have renounced his right thereto, and an order may be made accordingly.
31. A renunciation of probate or administration may be retracted at any time on the order of the court:
Provided that leave may be given to an executor to retract a renunciation of probate after a grant has been made to some other person entitled in a lower degree only if the court is satisfied that such retraction is for the benefit of the estate or persons interested therein.
Cesser of right of executor to prove.
1923 c. 23, s. 5.
Express renunciation of right to probate.
Constructive renunciation.
Retraction of renunciation.
1971 Ed.]
Probate and Administration.
[CAP. 10
13
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proving executor or executors for the time being and shall be as effectual as if all the persons named as executors had concurred therein.
(2) This section applies whether the testator died before or after the commencement of this Ordinance.
28. Where a person appointed executor by a will-
(a) survives the testator but dies without having taken out
probate of the will; or
(b) is cited to take out probate of the will and does not
appear to the citation; or
(c) renounces probate of the will,
his rights in respect of the executorship shall wholly cease, and the representation to the testator, and the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed executor.
29. (1) Any person who is or may become entitled to representation may expressly renounce his right to such representa-
tion.
(2) Such renunciation may be made orally on the hearing of any petition or probate action by the person renouncing or by counsel on his behalf, or in writing signed by the person so renouncing and attested by a solicitor or by any person before whom an affidavit may be sworn.
30. (1) Any person having or claiming any interest in the estate of a deceased person may cause to be issued a citation directed to the executors appointed by the deceased's will calling upon them to accept or renounce their executorship.
(2) Any person so cited may enter an appearance to the citation, but if he makes a default in appearance thereto, he shall be deemed to have renounced his executorship; and if, having appeared, he does not proceed to apply for probate, or having applied has failed to prosecute his application with reasonable diligence, the person so citing may apply for an order that the person cited, unless he applies for and obtains probate within a time limited by the order, shall be deemed to have renounced his right thereto, and an order may be made accordingly.
31. A renunciation of probate or administration may be re- tracted at any time on the order of the court:
Provided that leave may be given to an executor to retract a renunciation of probate after a grant has been made to some other person entitled in a lower degree only if the court is satisfied that such retraction is for the benefit of the estate or persons interested therein.
Cesser of right of executor to prove.
1923 c. 23, s. 5.
Express renunciation of right to probate.
Constructive renunciation.
Retraction of renunciation.
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