Will-Executer!
Querist :
Anonymous
(Querist) 18 January 2010
This query is : Resolved
Dear Friends,
Can a husband of lagatee be named as a Executor of the Will?
With regards,
And Thanking you all in advance.
A V Vishal
(Expert) 18 January 2010
Executors:
An executor is a person who is appointed by a testator to execute his Will. In other words, an executor is duty bound to distribute the assets of the testator as per the provisions of his Will. A probate of a Will is granted only to an executor appointed by the Will.
Who can be an Executor : All persons capable of executing Wills can be executors. Even a minor can be appointed an executor of a Will, but a probate cannot be granted to the minor until he attains majority. A testator can appoint one or more executors. The appointment of an executor may be absolute or for a limited purpose or limited time. An executor as such does not derive any benefit under the Will, unless specifically provided for. However, as an executor has vast powers and the property vests in the executor until it is finally distributed to the legatees, it is therefore advisable to appoint a responsible and accountable person/institution such as a bank as an executor. The Executor is primarily appointed to manage the estate of the deceased for the benefit of the beneficiaries/legatees under the Will.
Legal status of the Executor : The executor is the legal representative for all purposes of a deceased person and all the property of the testator vests in him until the property is distributed as per the provisions of the Will. The executor is entitled to represent the testator in any legal action (not including criminal or defamatory proceedings). For example, an executor can sue for recovery of the testator's debts. It is only the legal estate of the deceased that vests in the executor and the vesting is not of beneficial interest. The property vests in the executor only for the purpose of representation and administration.
B K Raghavendra Rao
(Expert) 18 January 2010
Yes, husband of a legatee be named as executor of the will.
N RAMESH.
(Expert) 18 January 2010
A legatee can be named as executor of the Will but subject to the condition under section 141 of Indian Succession Act.
N RAMESH.
(Expert) 18 January 2010
Conti...
When legatee himself can be named as executor of the will, there is no bar to name the husband of a legatee as executor.
Sachin Bhatia
(Expert) 24 January 2010
Yes a legatee can be named as executor of the Will.
