• Will

I am registering my will . and the beneficiary is my wife .
can i make her as executor also or i have to nominate some other person for execution. i perfer her but is it legally acceptable.
Asked 1 year ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

No. It is not legally acceptable. She even can’t be the witness to the will.

 

regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

There is no bar from beneficiary being executor of will 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

See you can make her executor also it is legally permitted and you can also make third person executor of will.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Hi,

You are suggested to make your wife as executor in order to avoid complications.

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

Dear Client,

Executor is the person who oversees the settlement of the assets of the deceased person in accordance with the wishes stated in the Will and can be both executor and beneficiary.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Dear,

          Yes you will.

           No legal bar on this.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

The Power in one hand goes good in order to avoid complications. You can make your wife Executor because she is the ultimate Beneficiary.  

An executor is to oversee the settlement of the assets of your in accordance with the wishes stated in the Will and can be both executor and beneficiary.

Abhinav Sabharwal
Advocate, New Delhi
40 Answers

4.5 on 5.0

Yes any beneficiary can be legally made executor in will.

Kallol Majumdar
Advocate, Kolkata
2784 Answers
4 Consultations

5.0 on 5.0

Yes, it's perfectly normal (and perfectly legal) for your Executor and Beneficiaries to be the same people.

So you can make your wife a executor of the will. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

The provisions of the Indian Succession Act, 1925 would apply to the disposition of assets by a Hindu through a will (testamentary succession). As per the provisions of the Indian Succession Act, 1925, there is no restriction on an executor of a Will also being a beneficiary under that Will. In fact, the Indian Succession Act, 1925 contemplates bequests to an executor of a Will and Section 141 provides that if a legacy is bequeathed to a person who is named as an executor of the Will, he shall not take the legacy unless he proves the Will or otherwise manifests an intention to act as an executor.

Therefore, it is possible for you to name your wife as the executor of your Will and also bequeath some of your assets to her under your Will, if you so desire.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

It's better you nominate some other person as executor

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

1. Registration of WILL is optional, but not compulsory.

2. It's not compulsory to appoint an Executor. You may or may not appoint an executor at all.

3. If you do not appoint any executor, then your wife, being the beneficiary of the WILL, can perform the duties of an executor, without specific mention of her name as executor in the WILL. This arrangement is legally permissible.

Shashidhar S. Sastry
Advocate, Bangalore
3251 Answers
180 Consultations

5.0 on 5.0

The beneficiary under the WILL cannot be an executor. The WILL can be executable without appointing an executor. 

Selva Perumal
Advocate, Chennai
314 Answers
36 Consultations

4.9 on 5.0

Beneficiaries can be executors but not witnesses.  Therefore your wife can be your executor. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

The beneficiary can also be the executor of the Will, ther is no legal infirmity in it.

 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer