21 Mar 2014
Re Clamp (deceased) [2014] NZHC 540
- Citation
- [2014] NZHC 540
- Court
- High Court
The phrase 'shall fail to make application for probate' can be satisfied without formal renunciation; where the instituted executrix has not applied within the relevant circumstances and is incapacitated such that a manager would have to act, the substituted executor's appointment takes effect and he is entitled to apply for probate; the registrar's refusal to allow the substituted executor to apply was set aside.