Where an executor neglects to prove, renounce a Will or bring in the Will

The Administration and Probate Act 1958 (as amended) enables the court to have power to summon any person named as executor in any Will to prove or renounce probate of the Will, if the executor neglects to bring such Will into court within six weeks from a death of a will maker.

Application for this order can be made by any party interested under such will or in the estate or State Trustees Limited or any creditor, calling upon the executor to show cause why he or she should not bring such will into court etc. A fellow co-executor could make this application calling upon the co-executor to show cause why the other co-executor should not prove the will or renounce probate.

It will be open to a co-executor to apply for probate based on a copy will, with leave reserved to the other executor to prove at a later time. A wise co-executor should give notice to the co-executor holding the will of his/her intention to make such application to avoid costs and delay.

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