Family Justice (Probate and Other Matters) Rules 2024 · As enacted · Part 6 · Non-Contentious Probate Proceedings
28. Renunciation of probate and administration (P. 6, r. 28)
Feedback & supportRenunciation 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.
Unless the Registrar otherwise directs, no person who has renounced administration in one capacity may obtain a grant of administration in some other capacity.
A renunciation of probate or administration may be withdrawn by permission of the Court in accordance with section 5.
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.
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A renunciation of probate or administration may be withdrawn by permission of the Court in accordance with section 5.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.