196. Procedure where executor renounces or fails to accept within time
limited.
If an executor renounces, or fails to accept, the executorship within the time
limited for the acceptance or refusal of the executorship, the will may be
proved, and letters of administration with a copy of the will annexed may be
granted to the person who would be entitled to administration in case of
intestacy.
197. Grant of administration to universal or residuary legatee.
Subject to section 4 of the Administrator General’s Act, when the deceased
has made a will—
(a) but has not appointed an executor;
(b) when he or she has appointed an executor who is legally
incapable, or refuses to act, or has died before the testator, or
before he or she has proved the will; or
(c) when the executor dies after having proved the will, but before he
or she has administered all the estate of the deceased,
a universal or a residuary legatee may be admitted to prove the will, and
letters of administration with the will annexed may be granted to him or her
of the whole estate, or of so much of the estate as may be unadministered.
198. Administration by representative of deceased residuary legatee.
When a residuary legatee who has a beneficial interest survives the testator,
but dies before the estate has been fully administered, his or her
representative has the same right to administration with the will annexed as
the residuary legatee.
199. Grant of administration where no executor nor residuary legatee,
nor representative of such legatee.
When there is no executor, and no residuary legatee or representative of a
residuary legatee, or he or she declines or is incapable to act, or cannot be
found, the person or persons who would be entitled to the administration of
the estate of the deceased if he or she had died intestate, or any other legatee
having a beneficial interest, or the Administrator General, may be admitted
to prove the will, and letters of administration may be granted to him or her
or them accordingly.
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