Succession Act 1965 section 19

Death of sole or last surviving executor

Section 19 abolishes the old legal principle known as the "chain of executorship", under which the executor of a deceased executor automatically became the executor of the original testator's estate.

• When a sole or last surviving executor dies, their own executor does not automatically become the executor of the original testator's estate.
• Instead, the court must grant administration with the will annexed to deal with the original testator's estate.
• The order of priority for who is entitled to be appointed as administrator in these circumstances is determined by rules of the High Court under section 27(3) of the Act.
• This rule applies regardless of whether the original testator died before or after the commencement of the Act.