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Report No. 110

35.19. Law in England.-

It would appear that in England, the present law on the subject is somewhat more liberal. Under the statutory provisions now in force in England probate can be granted to a trust corporation1, but judicial decisions and practice directions (or rules of court) permit a corporation sole also to be an executor2, and further permit the grant of probate to a corporation aggregate which is not a trust corporation. In the latter case, however (i.e. in the case of a corporation aggregate which is not a trust corporation), the probate must be granted to its nominee. It must also be shown that the corporation has power to act as personal representative, and certain other safeguards are laid down3.

In India, probate cannot be granted to a registered society4, because of the restricted language of section 223. A registered society is an "association", but not a "company".

1. Section 161, Judicature Act, 1925 (Eng.).

2. Havnos (in re:), (1842) 3 Curt 75.

3. Non-contentious probate Rules, 1954, rule 34(3), and Practice Direction in (1956) 1 WLR 127.

4. Mahashaya Krishna v. Maya Devi, AIR 1948 Lah 54.

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