Wills
Darius Engineer
(Querist) 22 March 2018
This query is : Resolved
1. Can a witness to a will be an executor of the will ?
2. Can the beneiciary also be an executor of the will ?
3. Does a will necssarily have to have an executor ?
Darius Engineer
Ms.Usha Kapoor
(Expert) 23 March 2018
Yes! is the answer for your 1st query.
Yes is the answer for your 2nd and 3rd queries.Please go through the following.:
Can An Executor Benefit From A Will?
Basically, yes. If an executor to a will can also be a beneficiary of that will, then the executor directly does benefit from that will. For example, a brother and sister or husband and wife may appoint the other person as the executor of and beneficiary to the same will. In some cases, an executor stands to benefit from a will by way of payment for services conducted in executing the will.
Can A Witness Be A Beneficiary To A Will?
A will needs to be attested in India. A will has to be attested by two or more witnesses, and each witness is required to see in first-hand, the testator signs the will, or any other person signs the will on behalf of the testator in the presence of and under the direction of the testator. Following which each of the witnesses affixes his or her signature on the will in the presence of the testator. Section 67 of the Indian Succession Act of 1925,
The person you choose to be your executor can be a witness too if they are not also a beneficiary or stand to gain a benefit from your will. As stated above, it is optimal to choose someone who does not have any appearance of a conflict of interest or have bias. If possible, it is advisable to consult a property law expert.
Kumar Doab
(Expert) 23 March 2018
Which personal law applies in this case?
Kumar Doab
(Expert) 23 March 2018
Generically speaking; Yes, yes, NO.
Approach in person a very able senior counsel of unshakable repute and integrity specializing in testamentary matters, and having successful track record…. and worth his/her salt………..
