There is no legal bar to executor being beneficiary of the will 

2) the executor may be a family member or close friend who has decided to settle the estate without charging a fee. However, if the executor is a professional hired to manage the inheritance, they will generally charge a fee

An executor of a will can also be a beneficiary of the same will. There is no legal bar for a person to be both an executor and a legatee (a person who inherits under a will) under the Indian Succession Act, 1925. However, it is advisable to appoint an impartial person as an executor who can carry out the wishes of the testator without any conflict of interest or bias.

An executor can charge a fee for his services, but only if the will expressly authorizes him to do so. Otherwise, he cannot claim any remuneration or compensation for his work as an executor. The fee charged by the executor should be reasonable and proportionate to the work done by him.

The fee received by the executor is taxable in his hands as income from other sources under the Income Tax Act, 1961. The executor has to declare the fee as part of his income and pay tax on it according to his applicable slab rate. The fee is not exempt from tax under any provision of the Act.

- As per Indian Succession Act, 1925, there is no restriction on an executor of a Will also being a beneficiary under that Will. 

- Further, a fee paid to an executor is taxed as ordinary income, but a bequest given to a beneficiary is not taxable.

Yes executor can be a beneficiary 

fees received by executor wound be taxable 

It means executor can be a beneficiary of estate of testator 

The person who receives a legacy

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.

If the executor has been appointed from outside the family and there is a mention about paying a professional fee for the executor to execute the Will, then the beneficiaries have to bear the expenses of the executor. 

The fee charged by an executor will come under his income hence he may have to pay the income tax as his income on the whole and not particularly over the professional fee. 

 It contemplates bequests to an executor, 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. Hence, there is no restriction in one person being named as the executor as well as the beneficiary of a Will.

 If for any reason, the named executor cannot act as the executor, or does not show an intent to do so, the bequest being made to such person in the capacity of a beneficiary shall not be valid. If you do not wish to include any other relative or friend as an executor of the Will, you may also consider appointing a professional or a lawyer as the executor. This is a safer approach, as it avoids the risk of conflict of interest and mitigates challenges from other beneficiaries.

Executor or testator ?

No tax. 

If Will name din some person, he/she is legate as well executor. 

Yes, an executor of a will can also be a beneficiary to the will. As per section 141 of Indian Succession act 1925, provides:

"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."

Thus, you will only have to give valid proof of existence of will or show prior proof of intention of executor to act as an executor for that particular will.

- In general, executor costs are calculated as a portion of the estate's total value, typically ranging from 1% to 5% of the estate's worth.

- A fee paid to an executor is taxed as ordinary income, but a bequest given to a beneficiary isn't taxable.

Yes he can be beneficiary. Normally he doesn’t charge fee. You will only have to pay court fees for probate

if you happen to be the executor and sole beneficiary of an estate, you would probably not want to claim executor's fees because they would be treated as taxable income for you. If you waive your fee, there would be more money left in the estate, which would pass to you as the sole beneficiary on a tax-free basis.

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