14
Withdrawal of renunciation. 1925 c. 23, s. 6.
Revocation of grants and removal of executors.
1956 c. 46, s. 17,
Executor of
executor rep-resents original testator.
1925 c. 23, s. 7.
CAP. 10]
Probate and Administration.
[1971 Ed.
32. (1) Where an executor who has renounced probate has been permitted, whether before or after the commencement of this Ordinance, to withdraw the renunciation and prove the will, the probate shall take effect and be deemed always to have taken effect without prejudice to the previous acts and dealings of and notices to any other personal representative who has previously proved the will or taken out letters of administration, and a memorandum of the subsequent probate shall be endorsed on the original probate or letters of administration.
(2) This section applies whether the testator died before or after the commencement of this Ordinance.
33. (1) Where it appears to the court that a probate or administration either ought not to have been granted or contains an error, the court may call in the probate or administration and if satisfied that it would be revoked at the instance of a party interested, may revoke it.
(2) A probate or administration may be revoked under subsection (1) without being called in if it cannot be called in.
(3) The court may, if satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled thereto so require, suspend or remove an executor or administrator (other than the Official Administrator) and provide for the succession of another person in place of such executor or administrator and for the vesting in that other person of any property belonging to the estate.
34. (1) An executor of a sole or last surviving executor of a testator is the executor of that testator.
(2) Subsection (1) shall not apply to an executor who does not prove the will of his testator, and, in the case of an executor who on his death leaves surviving him some other executor of his testator who afterwards proves the will of that testator it shall cease to apply on such probate being granted.
(3) So long as the chain of such representation is unbroken, the last executor in the chain is the executor of every preceding testator.
(4) The chain of such representation is broken by-
(a) an intestacy; or
(b) the failure of a testator to appoint an executor; or
(c) the failure to obtain probate of a will,
but is not broken by a temporary grant of administration if probate is subsequently granted.
(5) Every person in the chain of representation to a testator-
Page 15
Page 16
14
Withdrawal of renunciation. 1925 c. 23, s. 6.
Revocation of grants and removal of executors.
1956 c. 46, s. 17,
Executor of
executor rep- resents original testator.
1925 c. 23, s. 7.
CAP. 10]
Probate and Administration.
[1971 Ed.
32. (1) Where an executor who has renounced probate has been permitted, whether before or after the commencement of this Ordinance, to withdraw the renunciation and prove the will, the probate shall take effect and be deemed always to have taken effect without prejudice to the previous acts and dealings of and notices to any other personal representative who has previously proved the will or taken out letters of administration, and a memorandum of the subsequent probate shall be endorsed on the original probate or letters of administration.
(2) This section applies whether the testator died before or after the commencement of this Ordinance.
33. (1) Where it appears to the court that a probate or administration either ought not to have been granted or contains an error, the court may call in the probate or administration and if satisfied that it would be revoked at the instance of a party interested, may revoke it.
(2) A probate or administration may be revoked under subsection (1) without being called in if it cannot be called in.
(3) The court may, if satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled thereto so require, suspend or remove an executor or administrator (other than the Official Administrator) and provide for the succession of another person in place of such executor or administrator and for the vesting in that other person of any property belonging to the estate.
34. (1) An executor of a sole or last surviving executor of a testator is the executor of that testator.
(2) Subsection (1) shall not apply to an executor who does not prove the will of his testator, and, in the case of an executor who on his death leaves surviving him some other executor of his testator who afterwards proves the will of that testator it shall cease to apply on such probate being granted.
(3) So long as the chain of such representation is unbroken, the last executor in the chain is the executor of every preceding testator.
(4) The chain of such representation is broken by-
(a) an intestacy; or
(b) the failure of a testator to appoint an executor; or
(c) the failure to obtain probate of a will,
but is not broken by a temporary grant of administration if probate is subsequently granted.
(5) Every person in the chain of representation to a testator-
Page 15Page 16
No comments yet.
Private notes are available after approval.