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pramod (Proprietor)     11 November 2012

Legal status of beneficiaries appointed as executors

DEAR EXPERTS,

KINDLY GUIDE ON THE POINTS AS FOLLOWS;

Husband and Wife made separate Will each other in respect of their properties. Testator and testatrix made it clear that that devolution of property would take place on the basis of their survival first. Both of them executed the Will and registered. The beneficiaries are daughter and son equally. Daughter is named as sole executor of the Will on the first place; if she declines then son would act as executor. Two separate witnesses have signed the Will.

Here the daughter and son are beneficiary and also named as executors of the Will. 

Hence, is the execution of the Will legal? If not what are the remedies to correct the same, also please cite provisions. Both the testators are alive and there are no disputes even among their children’s. 

Thank you, Experts. 



Learning

 1 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     11 November 2012

The beneficiary can be named as executors of the Will.  There is no invalidity in the will.

Keep Smiling .... Hemant Agarwal


 


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