Renunciation of probate and administrationE+W
37.—(1) Renunciation of probate by an executor shall not operate as renunciation of any right which he may have to a grant of administration in some other capacity unless he expressly renounces such right.
(2) Unless a [F1district judge or] registrar otherwise directs, no person who has renounced administration in one capacity may obtain a grant thereof in some other capacity.
[F2(2A) Renunciation of probate or administration by members of a partnership—
(a)may be effected, or
(b)subject to paragraph (3) below, may be retracted by any two of them with the authority of the others and any such renunciation or retraction shall recite such authority.]
(3) A renunciation of probate or administration may be retracted at any time with the leave of a [F3district judge or] registrar; provided that only in exceptional circumstances may leave be given to an executor to retract a renunciation of probate after a grant has been made to some other person entitled in a lower degree.
(4) A direction or order giving leave under this rule may be made either by the registrar of a district probate registry where the renunciation is filed or by a [F4district judge].
Textual Amendments
F1Words in rule 37(2) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F2Rule 37(2A) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 10
F3Words in rule 37(3) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F4Words in rule 37(4) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(3)
Commencement Information