Specify in a will that legatee shall appoint the executors?
Querist :
Anonymous
(Querist) 01 July 2025
This query is : Resolved
• After specifying the executors in a Will by the testator, can it be mentioned in the Will that the beneficiary can nominate other executors for the Will, as an alternative to the executors already specified within the Will by the testator?
This provision is being thought of to cover a situation where the executors, already specified in the Will, are unwilling or unable to act.
kavksatyanarayana
(Expert) 01 July 2025
An executor of a will has the authority to act on behalf of the deceased's estate, but they cannot arbitrarily change the will's instructions or beneficiaries.
Querist :
Anonymous
(Querist) 01 July 2025
Can the beneficiary of the Will nominate an executor, if such provision exists in the Will?
T. Kalaiselvan, Advocate
(Expert) 02 July 2025
A testator can indeed appoint an alternate executor in their Will.
This is a common practice to ensure that the testator's wishes are carried out even if the primary executor is unable or unwilling to serve.
The alternate executor will step in to administer the estate if the primary executor declines the appointment, dies before the testator, or becomes incapacitated.
It ensures the testator's wishes are carried out in a timely manner, preventing delays or complications in estate administration.
By including an alternate executor in the Will, the testator can provide a clear plan for estate administration and reduce the risk of complications or delays should the primary executor be unable to fulfill their duties.
T. Kalaiselvan, Advocate
(Expert) 02 July 2025
Yes, if the primary executor is unable or unwilling to serve, the alternative executor, if named in the will, will step in.
If no alternative executor is named, beneficiaries or other interested parties can apply to the court to appoint someone.
If there is no alternative executor named in the will, and the primary executor is unable or unwilling to serve, beneficiaries or creditors can petition the court to appoint someone to administer the estate.
Reasons for replacing an executor can include inability to perform duties due to ill health, mental incapacity, or a prolonged absence.
The court will consider the best interests of the estate and its beneficiaries when making such decisions.
Querist :
Anonymous
(Querist) 02 July 2025
Is it possible for a beneficiary to directly appoint a replacement executor, without going to the Court, if the Will has a clause to that extent?
T. Kalaiselvan, Advocate
(Expert) 03 July 2025
You may go through my reply posts which have detailed answers for your repeated queries.
