Beneficiary can be appointed as executor in a will

NAGARAJ (Querist) 01 June 2024 This query is : Resolved
"A" executed a will in favour of "B" .
"B" is a beneficiary under a will
After the death of A
"B" can seek a probate under 276 of Indian succession act....?

Follow Query

Report Abuse

Quick Summary

Yes, a beneficiary can typically be appointed as an executor in a will. While this is generally permissible, it's often advisable to appoint an independent executor to ensure impartiality and smooth execution of the will. The process of obtaining probate, especially in Indian metro cities like Kolkata, Chennai, and Mumbai, has specific requirements under the Indian Succession Act, 1925.

kavksatyanarayana (Expert) 01 June 2024
The probation of Will in Kolkata, and the municipal limits of metro cities of Chennai and Mumbai is compulsory. Else, probate is optional.

T. Kalaiselvan, Advocate (Expert) 02 June 2024
Yes the executor can file a probate case where it is essential or necessary even if he or she is a beneficiary

Dr. J C Vashista (Expert) 02 June 2024
If the property is located in either of the presidency towns (Bombay (Mumbai) , Madras (Chennai) and Calcutta (Kolkata) the beneficiary has to compulsorily get it probated u/s 276 of Indian Succession Act, 1925.
otherwise
It (will) is to be probated in other than above towns, if other LR(s) has any objection.

NAGARAJ (Querist) 02 June 2024
Thank you for your valuable reply sir.
My question is
Whether Beneficiary can seek a probate ?
While drafting a will...Can beneficiary appointed as executor in a will?...?
Region is karnataka

kavksatyanarayana (Expert) 02 June 2024
A beneficiary can be appointed as Executor of a Will. If there is any dispute among the legal heirs or beneficiaries of the will can seek probation of Will from a court of law.

Dr. J C Vashista (Expert) 03 June 2024
Yes, a beneficiary can be appointed to be an executor of the Will.

Advocate Bhartesh goyal (Expert) 03 June 2024
Yes,beneficiary can be appointed as executor, no restrictions that other than beneficiary be appointed as executor .

T. Kalaiselvan, Advocate (Expert) 03 June 2024
A beneficiary in the will can also be appointed as an executor of the will. However, it is recommended to appoint an independent person who has no personal interest in the will to act as an executor. This can help ensure that the wishes of the testator are carried out smoothly and efficiently.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries