Executor of will, other than a family member or friend
Querist :
Anonymous
(Querist) 12 April 2025
This query is : Resolved
A Will is being created, and there appears to be no (trustworthy) close ones who can be named as executors. Please suggest some possible alternate executors, who can be impartial and ensure the wishes of the testator are fully respected. Specific suggestions would be appreciated. Thank you.
T. Kalaiselvan, Advocate
(Expert) 12 April 2025
To remove an executor due to partiality or other concerns, a petition can be filed with the probate court.
This petition should clearly state the reasons for the removal and include supporting evidence.
The court will then review the case, potentially suspend the executor's powers, and may appoint a replacement if the claim is legitimate.
Before filing a petition, it's generally recommended to send a letter to the executor, requesting they explain their actions and offering an opportunity to rectify the situation.
If the executor's response is unsatisfactory or if they refuse to cooperate, a petition can be filed with the probate court
Querist :
Anonymous
(Querist) 12 April 2025
Thanks for the reply. The Will is yet to be finalized, and for incorporating the executor in the Will, suggestions for possible trustworthy executors are requested, even if they are third parties but impartial.
T. Kalaiselvan, Advocate
(Expert) 12 April 2025
if there is no Will at all and the Will is proposed to be prepared then where is the question of an executor playing any vital role in the execution of the Will before the Will come into force i.e., during the lifetime of the testator.
You may first of all understand what you wanted to clarify here because your query seems to be on the basis of the imaginary concept that you anticipate in case of a Will is created and an executor appointed.
You can ask your doubts and opinions about the problems that exist or persists and not on imaginary concepts.
Querist :
Anonymous
(Querist) 12 April 2025
There seems to be a lot of assumptions here. The Will is not imaginary. The Will exists as a draft but is yet to be registered. It is just that an executor needs to be named in the Will. There is no one suitable from within the family or friends, to act as an executor.
It is known that the role of the executor would come into play, only after the testator's demise, hence the need for a trustworthy and an impartial executor to be named in the Will.
Suggestions are being sought for any trustworthy third parties, who can be named as executor(s) in the Will, given the circumstances.
kavksatyanarayana
(Expert) 12 April 2025
No one named in the will accepts and is appointed; in that case, the court will accept nominations for administrator with will annexed from interested family members, and will appoint someone to act.
P. Venu
(Expert) 13 April 2025
To my knowledge, it is not mandatory that an executor be designated. As to trustworthiness, it is a question of fact/belief, not of law.
Querist :
Anonymous
(Querist) 14 April 2025
Thanks for the replies. The circumstances make naming an executor necessary. The beneficiaries of the Will are third party entities, who cannot have the Will executed in their favour, due to factors beyond the testator's control. Furthermore, there are no immediate family members of the testator. Thus, the need for a trustworthy executor arises, as otherwise the Will is likely to be practically reduced simply to a piece of paper, with the extended family members having ample opportunity to illegally occupy the testator's assets, after his demise, in the absence of any trustworthy executor.
Suggestions are requested for any specific trustworthy third party executors, maybe similar to what some other Wills that the experts may have drafted/seen.
T. Kalaiselvan, Advocate
(Expert) 15 April 2025
If you are looking for a trustworthy executor you are welcome to appoint an advocate or any other relevant person of your choice.
Dr. J C Vashista
(Expert) 15 April 2025
Let any trustworthy person be appointed as executor of the will.
It is not a legal dispute for consideration of experts on this platform.
P. Venu
(Expert) 15 April 2025
Trustworthiness is a question of fact, not of law. Discretion is yours.
