Authorisation given to trustee company to act by person entitled to probate
5 Authorisation given to trustee company to act by person entitled to probate
If a person is named expressly or by implication as executor of the will of a deceased person and is entitled to apply for and obtain probate of the will without reserving leave to any other person to apply for probate, that firstmentioned person may—
join with a trustee company in an application for a grant of probate of the will to that person and the trustee company jointly; or
instead of applying personally, authorise a trustee company to apply for a grant of letters of administration with the will annexed.
If an application is made under subsection (1), the Supreme Court may grant letters of administration with the will annexed in accordance with the application unless the testator by his or her will has expressed the desire that—
the office of executor should not be delegated; or
a trustee company or that particular trustee company should not act in the trusts of the will.
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