10Power of trustee company to act jointly with other persons or to obtain probate with leave to other persons to come in and prove

10 Power of trustee company to act jointly with other persons or to obtain probate with leave to other persons to come in and prove

(1)  Subject to subsection (2) , a person who is named expressly or by implication as the executor of the will of a deceased person and who would be entitled to obtain probate of the will jointly with any other person may, notwithstanding any law or custom to the contrary, instead of himself applying for probate of the will, authorize a trustee company to apply to the Court for probate thereof, either alone with leave reserved for any person to come in and prove, or jointly with any other person who is entitled to apply for probate, in the same manner as if the company had been originally named in the will in the place of the person by whom the application is authorized.

(2)  The power conferred by this section shall not be exercised in the case of a will in which the testator has expressed his desire that the office of executor should not be delegated or that a trustee company should not act in the trusts of his will.