The appointment may be express or by necessary implication.
Illustrations
(a) A wills that C be his executor if B will not. B is appointed executor by implication.
(b) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law, C, and adds, “but should the within-names C be not living. I do constitute and appoint B my whole and sole executrix”. C is appointed executrix by implication.
(c) A appoints several persons executors of his will and codicils, and his nephew residuary legatee, and in another codicil are these words:––“I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils, signed of different dates”. The nephew is appointed an executor by implication.
Illustrations
(a) A wills that C be his executor if B will not. B is appointed executor by implication.
(b) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law, C, and adds, “but should the within-names C be not living. I do constitute and appoint B my whole and sole executrix”. C is appointed executrix by implication.
(c) A appoints several persons executors of his will and codicils, and his nephew residuary legatee, and in another codicil are these words:––“I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils, signed of different dates”. The nephew is appointed an executor by implication.
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Next · Section 8Persons to whom probate cannot be granted →All sections / सभी धाराएँTHE PROBATE AND ADMINISTRATION ACT, 1977 (1920 A.D.) →
More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Application.Section 3 · Interpretation clause.Section 4 · Character and property of executor or administrator as suchSection 5 · Administration with copy annexed of authenticated copy of will proved abroad.Section 6 · Probate only to appointed executor.Section 8 · Persons to whom probate cannot be grantedSection 9 · Grant of probate to several executors simultaneously or at different times.India Code, Government of India. Text fetched 16 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.