Probate and Administration Act 1934 · 2020 Revised Edition · Part 2 · Renunciation
3. Express renunciation
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Anyone who is or may become entitled to probate or letters of administration may expressly give up that right. They may do this by speaking at a probate hearing, either personally or through their lawyer. They may instead do it in writing, signed by them and witnessed by a lawyer or someone who can take sworn statements.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2005.
Any person who is or may become entitled to any probate or letters of administration may expressly renounce his right to such grant.
probate
“probate” means a grant under the seal of the court issuing the same, authorising the executor or executors expressly or impliedly appointed by a testator’s will, or one or more of them, to administer the testator’s estate in compliance with the directions contained in his will, and in accordance with law;
Such renunciation may be made —
orally by the person renouncing or by his advocate and solicitor, on the hearing of any probate application or probate action; or
in writing signed by the person so renouncing and attested either by an advocate and solicitor or by any person before whom an affidavit may be sworn.