I have drafted a Will after identifying the beneficiaries of my estate. Should the beneficiaries, executors and witnesses of a will be three different groups 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 question, we assume that you belong to one of the religions that are governed by applicable law and your assets are self-acquired or self-made or inherited.
An executor is the legal representative appointed in a will for all purposes of the deceased person (testator) to carry out the instructions contained in the will. The executor is responsible for administering the deceased person’s estate and has a duty to collect the estate, pay debts, and distribute the property according to the will. The executor has to follow the instructions mentioned in the will and must act in the best interests of the beneficiaries of the will. The executor can be any person, including a family member or friend, and does not have to be a lawyer or professional executor. A testator may appoint one or more executors.
A testator/beneficiary is a person who inherits property under a will. A legatee is a person who receives property from a deceased person as specified in a will. It is important to note that a testator can be an individual or an organization, such as a charity or trust.
A witness is defined as a person who signs a will in the presence of another in the presence of the testator (the person making the will) with the intention of attesting to the testator’s signature. Witnesses play a vital role in the execution of a Will, as their signatures attest to the authenticity of the Will and can be used as proof of its validity in case of any dispute.
A beneficiary may also be appointed as the 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 beneficiaries in the will.
If you are unsure about who to appoint as executor and witness to your will, you may consider seeking the advice of a professional.
Neha Pathak is the Head of Trust & Estate Planning at Motilal Oswal Private Wealth.
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