View source for Break in the chain of representation

'''Queensland:'''
The chain of executorial representation is broken by (a) intestacy; (b) failure of testator to appoint executor; (c) failure to obtain probate of the will in Queensland; (d) renunciation by executor of executorship by representation; but it is not broken by temporary grant of administration if probate is subsequently granted.
http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s47.html


'''New South Wales:'''
The chain of executorial representation is broken by (a) intestacy; (b) failure of testator to appoint executor; (c) failure to obtain probate of the will;  but it is not broken by temporary grant of administration if probate is subsequently granted
http://www.austlii.edu.au/au/legis/nsw/consol_act/iaaa1969240/s13.html


'''Tasmania:'''
The chain of executorial representation is broken by (a) intestacy; (b) failure of testator to appoint executor; (c) failure to obtain probate of the will;  but it is not broken by temporary grant of administration if probate is subsequently granted.
http://www.austlii.edu.au/au/legis/tas/consol_act/aapa1935259/s10.html


'''Victoria:'''
The chain of executorial representation is broken by (a) intestacy; (b) failure of testator to appoint executor; (c) failure to obtain probate of the will;  but it is not broken by temporary grant of administration if probate is subsequently granted
http://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s17.html


'''2009 Draft Uniform Legislation:'''
It should not include provision to the effect of section 47(3) of the Succession Act, 1981 (Qld). It should include a provision that applies after the death of the deceased personal rep and before the grant or probate of letter of admin of the estate of the deceased personal rep the grant of probate is made of the will of any person in which the deceased personal rep was executor.