Renunciation
88.81 Renunciation
(1) Where an executor, administrator or trustee renounces his right to commission in respect of a particular year, he shall be entitled to indemnity out of the assets in the estate for the amount of his legal practitioner's charges and disbursements, as moderated in accordance with the relevant professional scale, for
non-professional work performed in that year, to an amount not exceeding that which the executor, administrator or trustee would have been, in the opinion of the Court, allowed by way of commission for that year had he applied for commission.
(2) Where an applicant, in accordance with subrule (1), files a renunciation of commission, the accounts shall be allowed in accordance with the indemnity under subrule (1).
(3) A renunciation shall be filed no later than a reasonable time before the hearing of the proceeding.
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