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Part 6 · Non-Contentious Probate Proceedings

28. Renunciation of probate and administration (P. 6, r. 28)

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(1)

Renunciation of probate by an executor does not operate as renunciation of any right which he or she may have to a grant of administration in some other capacity unless he or she expressly renounces such right.

(2)

Unless the Registrar otherwise directs, no person who has renounced administration in one capacity may obtain a grant of administration in some other capacity.

(3)

A renunciation of probate or administration may be withdrawn by permission of the Court in accordance with section 5.

(4)

Despite paragraph (3), permission may be given only in exceptional circumstances to an executor to withdraw a renunciation of probate after a grant has been made to some other person entitled in a lower degree.

(5)

A written renunciation of a right to a grant under section 3 must be in one of the forms in Form 166.

Subregulation 1

Renunciation of probate by an executor does not operate as renunciation of any right which he or she may have to a grant of administration in some other capacity unless he or she expressly renounces such right.

Subregulation 2

Unless the Registrar otherwise directs, no person who has renounced administration in one capacity may obtain a grant of administration in some other capacity.

Subregulation 3

A renunciation of probate or administration may be withdrawn by permission of the Court in accordance with section 5.

Subregulation 4

Despite paragraph (3), permission may be given only in exceptional circumstances to an executor to withdraw a renunciation of probate after a grant has been made to some other person entitled in a lower degree.

Subregulation 5

A written renunciation of a right to a grant under section 3 must be in one of the forms in Form 166.

Report

Part 7

Contentious Probate Proceedings

Part 8

Inheritance (Family Provision) Act 1966

Part 9

Legitimacy Act 1934

Part 10

Wills Act 1838

Part 11

Disability

Part 12

Appeals from Applications in Actions, Registrar’S Decisions and Trials of Originating Application by District Judge or Magistrate

Part 13

Appeals from Judgments and Orders After Trial

Part 14

Transfer of Proceedings

Part 15

Contempt of Court

Part 16

Costs

Part 17

Court Fees

Part 18

Lodgment in Court, Money in Registry and Payment to Bailiff

Schedules