The word "Attorney" means duly constituted attorney holding power of attorney from the executor or any person entitled to grant for his use and benefit.

Section 241 of Indian Succession Act deals with grant of administration with the will annexed to an attorney or agent when the executor is absent, section 242 deals with the same subject when there is no executor appointed, but the person entitled to the grant in the absence of the executor is absent from the state and section 243 deals with the same subject in case of intestacy.

Rule 394 of Bombay High Court (Original Side) states that an application for letters of administration or succession certificate may be made by a constituted attorney of a person residing out of the state of Maharashtra, provided that such application is made through an Advocate entitled to practice in this Court.

The power of attorney must indicate the appointment of the attorney in clear and unambiguous language. The name of the deceased and the appointment of executor must be given and definite power to apply for grant must be conferred revocable and when the executor revokes it and desires probate, the court is bound to grant it to him.