Succession Act 1965 section 17

Cesser of right of executor to prove

Section 17 sets out the circumstances in which a named executor loses their right to act, and what happens to the administration of the estate as a result.

• An executor who outlives the testator but dies without having obtained probate loses all rights as executor.
• An executor who is formally called upon (cited) to take out probate but fails to respond also loses all rights as executor.
• An executor who formally renounces probate likewise loses all rights as executor.
• In each of these cases, the estate is dealt with as though that person had never been appointed executor in the first place.