29 Jul 2009
M A PEARCE V R F PEARCE HC AK CIV 2009-404-000993
- Citation
- openlaw-45bd9760_f73e_42b2_bd63_5ca86c2d4cc4.pdf
- Court
- High Court
Although mere omission to obtain probate within three months does not automatically prove neglect or refusal under s19(1), where a named executor has not obtained probate and has not sought legal advice, the court will follow the statutory procedure and issue an order nisi requiring the executor to show cause why probate should not be granted to him or, alternatively, why administration should be granted to the Public Trustee; service may be dispensed with where the executor is present and consents.