Can a beneficiary also be made executor and witness of a will?

I have drafted a will after identifying the beneficiaries of my assets. Should the beneficiary, executor and witnesses of the will be three different sets of people?

—Name withheld on request

Wills in India are made under the Indian Succession Act, 1925, which applies to all religions, except Islam. As per your query, we assume that you belong to one of the religions that are governed by the applicable law and your properties are self-earned or self- created or inherited.

An executor is the legal representative appointed in the will for all purposes of a deceased person (testator) to carry out the instructions contained in the will. The executor is responsible for the administration of the estate of the deceased person and has the duty to collect the assets, pay off the debts and distribute the property as per the will. The executor has to follow the instructions mentioned in the will and must act in the best interest of the beneficiaries of the will. The executor can be any person, including a family member or a friend, and it is not necessary to be a lawyer or a professional executor. A testator can appoint one or more executors.

A legatee/beneficiary is a person who inherits the property under a will. A legatee is a person who receives the property from the deceased person, as specified in the will. It is important to note that a legatee can be an individual or an organization, such as a charity or a trust.

A witness is defined as a person who signs a will in the presence of the testator (the person making the will) and in the presence of each other, with the intention of attesting the signature of the testator to the will. The witnesses play an important role in the execution of a will, as their signatures attest to the authenticity of the will and can be used as evidence of its validity in case of any disputes.

A beneficiary in the will can also be appointed as an executor of the will. However, it is recommended to appoint an independent person who has no personal interest in the will to act as an executor. This can help ensure that the wishes of the testator are carried out smoothly and efficiently. Also, the witnesses should not be the beneficiary in the will.

If you are unsure about who to appoint as the executor and witnesses of your will, you may consider seeking the advice of a professional.

Neha Pathak is head of trust & estate planning at Motilal Oswal Private Wealth.