PART IVN.I.EXECUTORS AND ADMINISTRATORS

ExecutorsN.I.

Cesser of right of executor to proveN.I.

29.—(1) Subject to Article 30 where a person appointed executor by a will—

(a)survives the testator but dies without having taken out probate, or

(b)is cited to take out probate and does not appear to the citation, or

(c)renounces probate,

his rights in respect of the executorship shall wholly cease, and the representation to the testator and the administration of his estate shall devolve and be committed in like manner as if that person had not been appointed executor.

(2) Where a person is appointed by the will of a person dying after the commencement of this Article to be both executor and trustee and his rights in respect of the executorship wholly cease under paragraph (1), his rights in respect of the trusteeship shall also wholly cease and the trusteeship shall devolve or be determined as if he had not been appointed as trustee, but nothing in this Article shall prevent his subsequent appointment as trustee.