# The Indian Succession Act, 1925, Section 222: Probate only to appointed executor

- Act: The Indian Succession Act, 1925 (Act 39 of 1925)
- In force from: 1925-09-30
- Ministry: Ministry of Law and Justice
- Source URL: https://indiacode.ecourtsindia.com/succession-act/section/222/

## Text

(1) Probate shall be granted only to an executor appointed by the will. (2) The appointment may be expressed or by necessary implication. Illustrations (i) A wills that C be his executor if B will not. B is appointed executor by implication. (ii) 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-named C be not living I do constitute and appoint B my whole and sole executrix". C is appointed executrix by implication. (iii) 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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