| Probate and administration |
| Company may act as executor |
| 9. If at any time a trust company is appointed executor of the will of any testator, it shall be lawful for the company to apply to the court for probate of the will and, if probate is granted, to exercise and discharge all the powers and duties of an executor. |
| Company may be authorised to apply for probate or administration |
10.—(1) If and whenever any person is entitled to apply for probate of the will of any testator without leave being reserved to any other person to apply for probate, it shall be lawful for the person, whether absent from Singapore or not, and notwithstanding the provisions of any other Act, instead of himself applying for probate, to authorise a trust company to apply to the court for a grant of administration with the will annexed of the estate of the testator, and such a grant may be made to the company upon its own application, when so authorised, but this section does not apply to any case in which a will provides that the company shall not act as executor or in the trusts thereof.| (2) If and whenever any person is entitled to apply for letters of administration with the will of any testator annexed of the estate of the testator, it shall be lawful for the person, whether absent from Singapore or not, and notwithstanding the provisions of any other Act, to authorise a trust company, either alone or jointly with any other person, to apply to the court for a grant of letters of administration with the will annexed of the estate of the testator, and such a grant may be made to the company upon its own application, when so authorised, but this section does not apply to a case in which a will provides that the company shall not act as executor, or in the trusts thereof. |
| (3) It shall be lawful for any person or persons entitled to apply for letters of administration of the estate of any intestate, whether the person or persons are absent from Singapore or not, and notwithstanding the provisions of any other Act, to authorise a trust company to apply to the court for such letters of administration, either alone or jointly with any other person, and administration of the estate of the intestate may be granted to the company, either alone or jointly, upon its own application, when so authorised. |
| (4) For the purposes of any application to the court for letters of administration to the estate of any deceased person, the court shall consider a trust company, when authorised under subsection (3), to be in law entitled equally with any other person or class of persons to apply for and obtain a grant, but a trust company, being so entitled, shall not on that account alone be preferred to the widower, widow, or next of kin of any intestate. |
| Probate, etc., not to be granted to nominee |
| (5) No grant of probate or of letters of administration shall be granted to a syndic or nominee on behalf of a trust company. |
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| Procedure as to petitions, etc. |
11.—(1) In all cases in which a trust company is empowered under this Act to apply for probate or for letters of administration, any petition, declaration, account or affidavit or other necessary document may be made or sworn by any officer of the company duly authorised by the company in that behalf.(2) Any officer of the company appointed by the company for that purpose may on behalf of the company sign any petition, account or statement, take any oath, swear any affidavit, make any declaration, verify any act, give personal attendance at any court or place, and do any act or thing whatsoever, which may be required to be signed, taken, sworn, made, verified, given, or done on behalf of the company:| Provided that nothing in this Act shall confer upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any court on behalf of the company or to do any act whatsoever on behalf of the company which could otherwise be lawfully done only by an advocate and solicitor of the Supreme Court. |
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