Can the ”Beneficiary” of a WILL be the ”Executor” of Will ?

POSTED BY SK ON November 12, 2013 6:20 pm ONE COMMENT

Can the ”Beneficiary” of a WILL be the ”Executor” of Will also?

I wish to make my wife beneficiary of all my assets in my Will. Can I name her as the \”Executor\” of Will too? (Why should I name an outsider as Executor?)

What is the legal view about this?

If  no, please explain ”why not” ?

One reply on this article “Can the ”Beneficiary” of a WILL be the ”Executor” of Will ?”

  1. Yes, a beneficiary can be an executor , but it has its own set of issues. I am quoting some paragraphs from an article about this topic, please read it


    Appointing an Executor: The next stage is to appoint an Executor. Who can be the Executor? According to Kapil Sibal, “The Will should normally provide for the appointment of a few trusted persons as the executors of the Will after the death of the testator. The trusted persons will ensure that the properties are distributed as per the intentions of the testator. It could be anybody from the doctor or the lawyer or a neighbour who does not have an interest or stake in the Will.”

    “To choose the beneficiary as the Executor can be potentially dangerous, and the courts have always frowned upon such cases,” says Rohtagi. This is because there is then greater likelihood of the donee putting pressure on the donor. Is it essential to appoint an executor? No, it isn’t, say legal experts, but where the property is huge and needs to be administered for a long period of time, it is better to appoint an executor.

    Link – http://timesofindia.indiatimes.com/Avoid-disputes-write-a-Will/articleshow/802650.cms

    Manish

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