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Subodh K Tewari (Income-tax & Civil Laws)     15 September 2015

Executor of will

A testatator should name an Executor in the Will.

Should a will contain the role and duties of Executor also?

Please suggest any judgement also on this question.



Learning

 4 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 September 2015

A will without naming of an executor is also valid. The duties of the executor are standard and are as per law.

T. Kalaiselvan, Advocate (Advocate)     22 September 2015

It is  not necessaryto namen executor by the testator in his Will.  He can execute a Will without a testator  also in favor of the beneficiaries and can even make certain conditions on execution of the Will when it comes to force. 

The role of an executor can be known from the law meant for it. 

Actually an Executor is a legal representative of the deceased person (who has made a Will) and who is either named or implied as such in the Will. An Executor is the person who disposes of or oversees the settlement of the assets of the deceased person in accordance with the wishes of the deceased person as stated in the Will.

The Executor has the power to (i) sue on behalf of the deceased testator (ii) dispose of the asset of the deceased testator in accordance with his wishes (iii) incur expenses for the management of the assets or the estate of the deceased until its disposal.

The Executor has the duty to (i) provide funds for the funeral of the deceased from the estate of the deceased (ii) prepare an inventory of the asset of the deceased and its value (iii) to collect the asset and debts due to the deceased (iv) maintain an account of how the asset has been disposed of (v) obtain a Probate where a probate is required (vi) issue assent of the legacy to any legatee to complete and perfect the legatee's title to the asset bequeathed.

 

 

 

 

K. GOPALAKRISHNAN (ADVOCATE)     29 September 2015

To further adding to Mr. Kalaiselvan,  a beneficiary to the Will may be appointed as a Executor of the Will by the Testator.  And such executor shall dispose of his duties as stipulated in the Will. 

K. GOPALAKRISHNAN (ADVOCATE)     29 September 2015

To further adding to Mr. Kalaiselvan,  a beneficiary to the Will may be appointed as a Executor of the Will by the Testator.  And such executor shall dispose of his duties as stipulated in the Will. 

 

Gopal

Advocate


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