Succession Act 1965 section 16

Summons to executor to prove or renounce

Section 16 provides the High Court with the power to compel a person named as executor in a will to either accept or reject the role.

• The High Court can summon any person named as executor in a will.
• The summoned person must either prove the will (accept the role of executor) or renounce probate (formally decline the role).
• This ensures that the administration of an estate is not delayed by an executor who fails to act or respond.
• This section forms part of a group of provisions (sections 16 to 25) dealing with the appointment and duties of executors and administrators.