Administration and Probate Act 1929

This section applies if—

the person appointed executor by a will renounces probate of the will; or

the person appointed executor by a will survives the testator but dies without having taken out probate of the will; or

an application is made in the Supreme Court under section 25 (Failure of executor to prove will) in relation to the person appointed executor by a will and the person does not file in the court a notice of intention to respond or defence within the time required by the rules.

The person’s rights as executor of the will cease, and the representation of the testator and the administration of the testator’s estate are taken, without further renunciation, to devolve as if the person had not been appointed executor.