Succession Act 1965 section 18

Withdrawal of renunciation

Section 18 deals with the situation where an executor who previously renounced their right to prove a will is later permitted to withdraw that renunciation and take up the role, and clarifies the legal effect on any actions already taken by other personal representatives in the meantime.

• An executor who has renounced probate may, with permission, withdraw the renunciation and proceed to prove the will.
• The probate granted to the returning executor takes effect as if it had always been in place from the outset.
• Any acts, dealings, or notices involving another personal representative who had already taken out a grant of representation remain valid and unaffected.
• A memorandum noting the subsequent probate must be endorsed on the original grant of representation.