• Executor

Bombay High Court
Probate granted as per WILL, it says Sole Executor A and the WILL attached to probate has two names A and B, executor A demised 6 months ago. Does B become the executor. What are the formalities.
Asked 1 year ago in Property Law
Religion: Hindu

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7 Answers

1) As per will there are 2 executors of will namely A and B 

 

on A demise B would be executor of will 

 

2) section 211 of succession act makes it clear that the executor or the administrator shall be the legal representative of the deceased for all purposes and in respect of all the properties of the deceased person -

 

3) Section 226 specifically provides that on the demise of an executor, representation would survive to the surviving executor or executors, as the case may be.

Ajay Sethi
Advocate, Mumbai
94516 Answers
7485 Consultations

5.0 on 5.0

This query was already answered before 

You are just shooting blind shots without reproducing what is exactly stated in the Will 

B cannot become an executor just because A died 

It all depends on the exact wordings of the Will 

I had already given my view based on your previous query 

It is only when A refuses to act as an executor or if A is unavailable due to him being out of India for a long time, that B can become an executor 

The Will does not say (as the per the limited information given by you in your previous query) that if A dies then B shall assume the role of an executor 

So you need to show the Will to a lawyer of your choice for him to advise properly 

Asking vague questions like this won't help 

If B cannot become an executor then any legatee named in the Will can apply to the court for being appointed as an administrator for administering the estate of the deceased. For that a LA petition with Will annexed has to be filed. The other legal heirs of the deceased have to give their consent for such petition 

The court fee having already paid on the probate petition, fresh court fee on the LA petition will not have to be paid, except a nominal fee as per schedule 2 of the Maharashtra court fees act 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

A had filed the petition seeking probate of Will and unfortunately A died before disposal of the probate petition by court. However since the other parties have not taken steps to inform court about the death of the executor A, the court cannot automatically bring B into the picture without knowing the death of the executor A.

As B is another executor, he can file a petition before court with all the details and the death certificate of A and seek for including and replacing him as the executor in place of A for administering the estates bequeathed in the Will that has been already probated by a decree passed by the concerned court.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

There seems to be some confusion here. If the Will has named two persons, A and B, the court on its own cannot appoint A as the sole executor, as you have mentioned. The Will prevails if it contains an exigency clause enabling B to succeed as the executor in the event of A's death. Otherwise, B cannot succeed automatically, and the probate court needs to be approached again for necessary directions.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Dear Client,

On A demise B would be the executor of will.

Section 211 of succession act makes it clear that the executor or the administrator shall be the legal representative of the deceased for all purposes.

Section 226 specifically provides that on the demise of an executor, representation would survive to the surviving executor or executors, as the case may be.

As B is another executor, he can file a petition before court with all the details and the death certificate of A and seek for including and replacing him as the executor in place of A.

 

Thank You.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Yes beneficiary can be executor

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

If it is categorically mentioned in the will that B would be the executor in case of A's demise, then b would be the executor. If not then, court would have to decide as to who would be the executor on the demise of A.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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