Grant of Representation Section 3 - Grant of Probate to Executor
Probate maybe granted to an Executor appointed in a will.
Appointment can be express (ie stated clearly in a will) or implied (as in chain of executorship)
Subject to section 4, where several executors are appointed, probate maybe granted to all simultaneously or at different times.
The above section is not as simple as it sounds. As in a chain of executorship, the person has to appear before the Pendaftar and file an affidavit as to his personal particulars and his interest in the will.
In the case of several executors, all have to appear before the Court . This is to prevent a situation occuring later,wherein one executor claims that the property was distributed without his knowledge.
April 17, 2010
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