Succession Act, 1965

Cesser of right of executor to prove.

[1857 (c. 79) s. 84; 1859 (c. 31) s. 12]

17.—Where a person appointed executor by a will—

(a) survives the testator but dies without having taken out probate, or

(b) is cited to take out probate and does not appear to the citation, or

(c) renounces probate,

his rights in respect of the executorship shall wholly cease, and the representation to the testator and the administration of his estate shall devolve and be committed in like manner as if that person had not been appointed executor.