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Whether any of the sons beneficiary can act as executor
22-Apr-2023 (In Wills / Trusts Law)
A lady has a immovable property owned because of family settlement after the death of her husband (acquired by his husband during his life time). She has three sons and a married daughter. She wants to make will in favour of one of her son. Whether other two sons can stand witness . Further whether any of the sons, beneficiary as well as witnesses can act as executor of the will. If the will is registered then again they will have to approach court etc at the time of execution.
Yes, any person can stand as a witness. A will can be witnessed by anyone over the age of 18.
Beneficiary and executor of a will cannot be same. An advocate may be appointed as executor of will, but the beneficiary of that will not be that advocate
If thedecedent leaves a will directing how his or her property should be distributed after death, the probate court must determine ifit should be admitted to probate and given legal effect.The probate of a will means proving its genuineness in probate court.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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