https://www.taxtmi.com/caselaws?id=97598 A corporate scheme under the Companies Act cannot validly transfer or substitute the personal office, rights or duties of an executor because the office of executor is a personal trust and non assignable; clauses attempting such transfer or to prohibit exercise of those rights are ineffective, so the transferee does not acquire executor powers. Consequently the original personal representative may continue as plaintiff and, if a will is proved, be granted probate. Retention of the required capital preserves corporate status as a trust corporation, so no impediment exists to probate being granted to the original representative. en-us Thu, 31 Jul 1958 00:00:00 +0530 Fri, 16 Feb 2018 11:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=97598 A corporate scheme under the Companies Act cannot validly transfer or substitute the personal office, rights or duties of an executor because the office of executor is a personal trust and non assignable; clauses attempting such transfer or to prohibit exercise of those rights are ineffective, so the transferee does not acquire executor powers. Consequently the original personal representative may continue as plaintiff and, if a will is proved, be granted probate. Retention of the required capital preserves corporate status as a trust corporation, so no impediment exists to probate being granted to the original representative. Case-Laws Companies Law Thu, 31 Jul 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=97598