My uncle wanted to make my cousin the executor of his will. He also intended to leave my cousin some property. But my cousin was quite confused because he wanted to know can an executor of a will be a beneficiary. I am a law student and I always have had a keen interest in legal matters. So, I decided to help them find their answers. Through my research, I found that there is no bar on a will's executor also being a beneficiary under the terms of the Indian Succession Act, 1925. It considers inheritances to an executor, and Section 141 states that if a bequest is made to a person who is designated as the executor of the will, he may not accept the bequest unless he can demonstrate the existence of the will or otherwise demonstrate his purpose to serve as the executor. Therefore, it is not prohibited for one person to serve as both the executor and the beneficiary of a will.Have a query regarding your will? Get in touch with the legal experts of NoBroker to solve all your legal confusion and get precise solutions.
Can a sole beneficiary be an executor of a will?
It is not suggested that the beneficiary and executor be the same individual for practical reasons. Suppose for any purpose, the titled executor cannot function as the executor or does not display an intention to do so. In that case, the legatee made to such an individual in the ability of a benefactor will not be valid. You may also consider naming an expert or a lawyer as the executor of the will if you do not want to name any other family members or friends. This strategy is safer since it reduces the possibility of a conflict of interest and challenges from other recipients.
Can an executor of a will also be a beneficiary?
A beneficiary may contest a will, which presents issues for the individuals engaged in its execution. The administration of a will may be questioned if an executor is given decision-making authority since it may not have been done in accordance with the parties' wishes or in the beneficiaries' best interests. Due to this, the dispute may end up in court, delaying the administration of justice and requiring you to use some of your property to pay the legal costs involved.
Choosing An Executor For Your Will
To avoid corruption, an executor is given complete control and final authority over how to handle the property. It is always advantageous to name more than one executor to a will, and the executor chosen should be dependable and capable. An executor should be selected to pay all dues, loans or obligations, taxes, etc., and other financial-related issues. A companion or spouse will manage all personal and private details, from setting up an estate to the burial costs. Between the creation of a will and its execution, a designated executor may occasionally pass away. A testator can protect his position in case of crisis by designating more than one executor.
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Can an Executor of a Will Be a Beneficiary?
Shilpa
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September 8, 2022
2022-09-08T18:45:46+00:00 2022-09-08T18:45:47+00:00Comment
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