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successionMedium risk if omitted

Appointment of Executor

Names the person the will-maker chooses to carry out the will and administer the estate after death.

In plain English

Your executor is the person you trust to actually *do* what your will says: gather your assets, pay off debts and taxes, and hand out what's left to the right people. Name them clearly (a main choice plus a backup is wise), because under Indian law only an executor *appointed by the will* can be granted probate to act for the estate. If you leave this out, no one has clear authority and your family may have to go to court to get someone appointed as an administrator, which costs time and money.

Relevant law

  • Indian Succession Act, 1925 — s.222 (probate granted only to an executor appointed by the will, whether expressly or by necessary implication)
  • Indian Succession Act, 1925 — s.2(c) (definition of 'executor')
  • Indian Succession Act, 1925 — s.234 (letters of administration where there is no executor able and willing to act)
Educational, not legal advice. Clause wording should be adapted to your specific facts. For high-stakes documents, have a qualified advocate review the drafting.
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