Trustee Companies Act 1947

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 jointly with any other person, that firstmentioned person may—

join with a trustee company and any other person entitled to apply for probate in an application for a grant of probate of the will to that person, the trustee company and any other such person jointly; or

instead of applying personally, authorise a trustee company to apply for a grant of probate of the will, either—

alone, with leave reserved for any person to come in and prove; or

jointly with any other person entitled to apply for probate;

in the same way as if the trustee company had been originally named as an executor of the will in addition to or in the place of that firstmentioned person.

If an application is made under subsection (1), the Supreme Court may grant probate of the will 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.