Proceeding where executor neglects to prove will

In force

(1)

In any case where the executor named in a will:

(a) neglects or refuses to prove the will or to renounce probate thereof within 3 months from the death of the testator or from the time of the executor attaining the age of 18 years; or

(b)

is unknown or cannot be found,

the Court may, upon the application of:

(c)

any person interested in the estate;

(d)

a professional personal representative; or

(e)

any creditor of the estate,

order that probate of the will be granted to the executor or order that administration with the will annexed be granted to the applicant or make such other order for the administration of the estate as it thinks fit.

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34 Proceeding where executor neglects to prove will