Section 141 of the Indian Succession Act, 1925 – Legatee named as executor cannot take unless be shows intention to act as executor

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Section 141: Legatee named as executor cannot take unless be shows intention to act as executor

If a legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless he proves the will or otherwise manifests an intention to act as executor. Illustration A legacy is given to A, who is named an executor. A orders the funeral according to the directions contained in the will, and dies a few days after the testator, without having proved the will. A has manifested an intention to act as executor.

Source: official text of The Indian Succession Act, 1925 as published on India Code (PDF). All sections of the Indian Succession Act, 1925.

Related posts:

  1. Section 234 of the Indian Succession Act, 1925 – Grant of administration where no executor, nor residuary legatee nor representative of such legatee
  2. Section 119 of the Indian Succession Act, 1925 – Date of vesting of legacy when payment or possession postponed
  3. Section 213 of the Indian Succession Act, 1925 – Right as executor or legatee when established
  4. Section 157 of the Indian Succession Act, 1925 – Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies