Senior Courts Act 1981, Section 115 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The High Court may—
(a)where a trust corporation is named in a will as executor, grant probate to the corporation either solely or jointly with any other person named in the will as executor, as the case may require; or
(b)grant administration to a trust corporation, either solely or jointly with another person;
and the corporation may act accordingly as executor or administrator, as the case may be.
(2)Probate or administration shall not be granted to any person as nominee of a trust corporation.
(3)Any officer authorised for the purpose by a trust corporation or its directors or governing body may, on behalf of the corporation, swear affidavits, give security and do any other act which the court may require with a view to the grant to the corporation of probate or administration; and the acts of an officer so authorised shall be binding on the corporation.
[F1(4)Subsections (1) to (3) shall also apply in relation to any body which is exempt from the provisions of section 23(1) of the Solicitors Act 1974 (unqualified persons not to prepare papers for probate etc.) by virtue of any of paragraphs (e) to (h) of subsection (2) of that section.]
Textual Amendments
F1S. 115(4) added (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 54(2), 59(1)
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