Succession Act 1965 section 30

Power to grant representation to a trust corporation

Section 30 sets out the rules under which the High Court may grant probate or administration to a trust corporation, defines what qualifies as a trust corporation, and explains how such a corporation may act in the administration of estates.

  • The High Court may grant probate to a trust corporation named as executor in a will, or grant administration to a trust corporation, in either case solely or jointly with another person.
  • No individual person may receive a grant of representation on behalf of a trust corporation; however, an authorised officer of the corporation may swear affidavits, give security, and perform other necessary acts on its behalf.
  • A trust corporation is defined broadly to include corporations appointed as trustees by the High Court, banks, companies with issued capital of at least Β£250,000 (of which at least Β£100,000 is paid up in cash), authorised building societies, and certain charitable or public-purpose bodies authorised by the President of the High Court.
  • Where a body corporate was named as executor in a will made before the commencement of the Act, probate may still be granted to it under this section even if it does not meet the current definition of a trust corporation.

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