Law of Property (Amendment) Act 1924

Executor of executor represents original testador.

2 The statute 25 Edw. 3, St. 5, c. 5, and section sixteen of the Court of Probate Act, 1858, are hereby repealed, and in lieu thereof the following provisions shall have effect:—

“(1) An executor of a sole or last surviving executor of a testator shall be the executor of that testator.

This provision shall not apply to an executor who does not prove the will of his testator, and, in the case of an executor who on his death leaves surviving him some other executor of his testator who afterwards proves the will of that testator, it shall cease to apply on probate being granted to that other executor.

(2) So long as the chain of representation is unbroken the last executor in the chain shall be the executor of every preceding testator.

(3) The chain of representation shall be broken by—

(a) an intestacy; or

(b) the failure of a testator to appoint an executor; or

(c) the failure to obtain probate of a will ;

but shall not be broken by a temporary grant of administration if probate is subsequently granted.

(4) Every person in the chain of representation to a testator—

(a) shall have the same rights in respect of the real and personal estate of that testator as the original executor would have had if living;

(b) shall, to the extent to which the real and personal estate of that testator has come to his hands, be answerable as if he were an original executor.”