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Will

(Querist) 20 May 2015 This query is : Resolved 
My wife and myself are resident of Maharashtra. We have 3 Sons . My wife and myself have flats one in each name in the same building. All the FDs and SB Accts. and Mutual Funds are in our Joint names.

Need following clarifications:

a) We want to make separate wills.

b) Both moveable and immoveable are the self acquired properties.

c) Husband's Will - Wife is the sole beneficiary and also the Executor.

d) Wife's Will -Husband is the sole beneficiary and also the Executor.

e) If wife predeceases me or in case Wife and I are die together then our three sons will be Equal beneficiaries and Executors. Same applies in Wife's Will also.

Please advise whether above in order. I mean can the beneficiary be the executor?

Can the three sons be the equal beneficiary and executors of the will in our absence from this world.

Rgds
Roland


Akhilesh Kumar (Expert) 20 May 2015
Section 141 of the Indian Succession Act provides: "Legatee named as executor cannot take unless he shows
intention to act as executor.-If a legacy is bequeathed to a person
who is named an executor of the will, he shall not take the legacy,
unless he proves the will or otherwise manifests an intention to act
as executor.

Illustration

A legacy is given to A, who is named an executor. A orders the
funeral according to the directions contained in the will, and dies a
few days after the testator, without having proved the will. A has
manifested an intention to act as executor."

There is no bar in the Act for making the executor as beneficiary in the will.

I hope your query is resolved now.

Regards
Akhilesh
Rajendra K Goyal (Expert) 20 May 2015
Contact a local lawyer and get the will drafted accordingly and better get it registered.
Kumar Doab (Expert) 20 May 2015
Get will drafted from an able lawyer and register it
Dr J C Vashista (Expert) 21 May 2015
It is perfect, I agree with experts, however, get it drafted by a local lawyer.
malipeddi jaggarao (Expert) 21 May 2015
I too agree that you should take assistance a local advocate for drawing both the Wills.
T. Kalaiselvan, Advocate (Expert) 24 May 2015
In my opinion, the executor can be even avoided once the beneficiary has been named and is found to be able to execute the issues mentioned in the Will on his own, however, your idea is not out of legal frame. For more effective Will, an expert lawyer's help may be sought so that there are infirmities found at a later stage.


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