Kevin Moses Paul
09 August 2021
As per your query, let me first define the terms 'Executor' and 'Beneficiary' as per the legal context.
⭕ Beneficiaries are the people who you want to inherit your assets and possessions (known collectively as your Estate) after you die. You can name anyone you choose to be a Beneficiary including your spouse, children, relatives, friends or charities as Beneficiaries.
There are different types of gifts that you can leave to your Beneficiaries. You can leave a specific sum of money, a specific item, or a percentage of what's left in your Estate once all debts and other gifts have been paid.
⭕ Executors are the people who you want to administer your Estate once you've passed away. Most people choose either one or two Executors, although up to four Executors can act at any one time. It's a good idea to choose more than one Executor, or to name a substitute Executor, in case your first choice is unable to act. Typically, people appoint family members, friends, or a professional Executor (such as a Solicitor or accountant) to carry out the role of Executor.
Basically, the question that you've raised is something very common and is frequently asked by people, so the answer to you're concerned topic about whether an Executor can also be a Beneficiary is "YES, they can".
It's perfectly normal (and perfectly legal) to name the same person (or people) as both an Executor and a Beneficiary in your Will.
Now, in accordance to the legal provisions related to your query, let me inform you that as 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.
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.
However, as a practical matter, I do not recommend that you name the same person be named as the beneficiary as well as an executor. The purpose behind this is because 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 too!
However, if you're not willing to include any other relative or friend as an executor of the Will, then in such a case you should consider appointing a professional or a lawyer as the executor instead. This actually is a more safer approach, as it avoids the risk of conflict of interest and mitigates challenges from other beneficiaries.
Hope It Helps!
Regards
Kevin M. Paul
