View source for Cesser of Right of Executor To Prove Will

'''Queensland:'''
If an executor survives the testator but dies without taking out probate or renounces probate or fails to apply for it, then he loses his rights as an executor. http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s46.html


'''New South Wales:'''
If an executor survives the testator but dies without taking out probate or renounces probate or fails to apply for it, then he loses his rights as an executor. http://www.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259/s69.html


'''Northern Territory:'''
If an executor survives the testator but dies without taking out probate or renounces probate or fails to apply for it, then he loses his rights as an executor. http://www.austlii.edu.au/au/legis/nt/consol_act/aapa259/s28.html


'''South Australia:'''
If an executor survives the testator but dies without taking out probate or renounces probate or fails to apply for it, then he loses his rights as an executor. http://www.austlii.edu.au/au/legis/sa/consol_act/aapa1919259/s36.html


'''Tasmania:'''
If an executor survives the testator but dies without taking out probate or renounces probate or fails to apply for it, then he loses his rights as an executor. http://www.austlii.edu.au/au/legis/tas/consol_act/aapa1935259/s8.html


'''Victoria:'''
If an executor survives the testator but dies without taking out probate or renounces probate or fails to apply for it, then he loses his rights as an executor. However, the executor is allowed to withdraw the renounciation and prove the Will before Court.

http://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s16.html


'''Western Australia:'''
If an executor survives the testator but dies without taking out probate or renounces probate or fails to apply for it, then he loses his rights as an executor. http://www.austlii.edu.au/au/legis/wa/consol_act/aa1903173/s32.html


'''ACT:'''
If an executor survives the testator but dies without taking out probate or renounces probate or fails to apply for it, then he loses his rights as an executor. http://www.austlii.edu.au/au/legis/act/consol_act/aapa1929259/s20.html


'''2009 Draft Uniform Legislation:'''
It should include section 46 of the Succession Act 1981 (Qld).