

On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 01/02/2006.

PART II
RENUNCIATION
3.
—(1) Any person who is or may become entitled to any probate or letters of administration may expressly renounce his right to such grant.
(2) Such renunciation may be made —
(a)
orally by the person renouncing or by his advocate and solicitor, on the hearing of any probate application or probate action; or
(b)
in writing signed by the person so renouncing and attested either by an advocate and solicitor or by any person before whom an affidavit may be sworn.
4.
—(1) Any person having or claiming any interest in the estate of a deceased person, or any creditor of a deceased person, may, without applying for probate or letters of administration, cause to be issued a citation directed to the executor or executors appointed by the deceased’s will, or to any person appearing to have a prior right to probate or letters of administration, calling upon the person cited to accept or renounce that right.
(2) Any person so cited may enter an appearance to the citation, but if he makes default in appearance thereto, he shall be deemed to have renounced his right.
(3) If, having appeared, the person so cited does not proceed to apply for probate or letters of administration, the person so citing may apply for an order that the person cited, unless he applies for and obtains a grant within a time limited by the order, shall be deemed to have renounced his right thereto, and an order may be made accordingly.
5.
—(1) The renunciation, whether made expressly in the manner provided by section 3, or constructively in the manner provided by section 4, shall preclude the person so renouncing from applying thereafter for probate or letters of administration.
(2) Notwithstanding subsection (1), the court may at any time allow the person so renouncing to withdraw his renunciation for the purpose of taking a grant, if it is shown that the withdrawal is for the benefit of the estate or of those interested under the will or intestacy.







