Victorian Consolidated Legislation

Trustee Companies Act 1984 - SECT 10

Authority for trustee company to obtain probate

10. Authority for trustee company to obtain probate



(1) Where a person is named expressly or by implication as executor and is
entitled to obtain probate of the will of a testator, that person may-

   (a)  instead of applying personally, authorize a trustee company to apply
        for and obtain probate of the will; or

   (b)  join with a trustee company in an application for a grant of probate
        of the will to the person and the trustee company jointly.

(2) An application under subsection (1) may be granted unless the testator has
by will expressed the desire that the office of executor is not to be
delegated or that the trustee company so applying is not to act in the trusts
of the will.