New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 44A

44A Executor of executor represents original testator

(1) An executor of a sole or last surviving executor of a testator is the executor by representation of that testator.

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

(3) The chain of executorial representation is 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.

(4) The chain of executorial representation is not broken by a temporary grant of administration if probate is subsequently granted.

(5) This section does not apply to an executor who does not prove the will of his or her testator.

(6) In the case of an executor who, on his or her death, leaves surviving some other executor of his or her testator who afterwards proves the will of that testator, this section ceases to apply on that probate being granted.

(7) Every person in the chain of representation to a testator--

(a) has the same rights in respect of the estate of that testator as the original executor would have had if living, and

(b) is, to the extent to which the estate of that testator has come into his or her hands, answerable as if he or she were an original executor.

(8) The provisions of this Act that apply to executors are modified to the extent necessary to give effect to this section.