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Meenakshi Vijayanand (Advocate / Law Firm)     16 July 2009

Will - power of executor to assign his duty to 3rd parties

Sir / Madam

X executes a Will appointing A to act as executor / adminstrator of his will with a recital to creat a trust in the name of his school and bequeathed his property in which he was conducting his school in the name of the trust to be created in the name of the school.

After some time X expired.

A did not probate the Will handed over the will to a society and entrusted the society with a duty to probate the Will and to creat a trust as directed by X in his Will. A also expired. 

Now, Whether the society can directly  apply for letter of administration / Probate?

Whether the society can create a trust in the name of the school as directed in the Will and later apply for letter of administration / Probate in the name of the Trust itself?

Please let me know what is the legal provision  allowing a executor appointed under the Will to assign his duty to some other third parties. 



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