Will - beneficiary with life interest using movable assets?
Querist :
Anonymous
(Querist) 16 September 2026
This query is : Resolved
Hello, is it legal to specify, in a Will, that the beneficiary, having life interest, shall be allowed to make use of and dip into the movable assets, for daily needs, medical exigencies, and other necessities? Kindly share important citations in this regard too.
Sorry for being anonymous, but it is important.
T. Kalaiselvan, Advocate
(Expert) 16 September 2026
As per law, it is completely legal for a testator (the person making a Will) to grant a life interest in movable assets (such as bank deposits, shares, mutual funds, or personal effects) while explicitly authorizing the beneficiary to invade or consume the corpus/principal for specified necessities, medical emergencies, or daily living needs.
This testamentary disposition is often legally framed as a Life Interest with Power of Consumption/Encroachment or an Absolute Interest over Income with a Limited Power of Alienation/Consumption of the Principal.
