Karnataka High Court: Sole Legatee Can Obtain Probate Even If Not Named Executor

The Karnataka High Court ruled that a sole legatee named in a will can apply for probate, even if the document does not expressly appoint them as executor.

A division bench allowed the appeal of Jayaram B.S., whose probate plea had been rejected by the trial court on the grounds that he was a beneficiary, not an executor, under Section 222 of the Indian Succession Act. 

The Court held that the executor's appointment can arise by necessary implication. In the absence of objections and with witnesses corroborating the will, Jayaram was entitled to probate, which the probate court was directed to grant forthwith.