Executors discretion in recovering his expenses? Executors discretion in recovering his expenses?

2 years ago

The executor of the will (testator died in 2018) is old and not very legally-educated. Due to covid pandemic, things were delayed and a certain legal heir helped him file for probate of the will on May 10th, 2021. All legal heirs have given prior consent in trust and good faith without seeing the testamentary petition papers. But this certain legal heir abused their good faith and trust and overvalued their shares of the bequests and undervalued his own very drastically and made many other self-serving errors and omissions. The executor on finding this out declined his help and started the process to rectify these and many other errors. Whereupon this certain legal heir has put an interim application asking for injunction against the other legal heirs bequests and for removing/strictures against the executor for delay. The executor is now forced to hire a separate lawyer for the IA. Can the legal and other expenses of this IA initiated by this certain legal heir, be recovered by the executor from this certain legal heir share of estate only, as other legal heirs have refused to pay for this action not initiated by them? It is understood that all general expenses of executor and probate are to be recovered from estate, but what is the law for these kinds of actions brought about by individual legal heirs?

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.Dear Client
The answer to this question can be varied depending on what is mentioned in the will about the expenses of this nature. And you are right that the legal and other expenses are to be recovered from the estate.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconWill of Grandfather
Dear Client, To ensure the authentic status of a pending case, you must obtain a certified copy of days proceedings or an order sheet of the latest hearing from the concerned Court where your probate...
question iconProperty distribution
Dear Client, An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divide...
question iconBrother unwilling to give copy of their late mothers Will to Sisters
Dear Client, Both registered and unregistered wills can be challenged on similar grounds. However, certain challenges such as (i) Improper execution of the will; or (ii) genuineness on the signature o...
question iconUnregistered will without signs of witnesses
Dear Client, In the absence of both signatures of witnesses in the Will and its registration, the Will made by your grandfather in favor of your father becomes infructuous/invalid and unenforceable u...
question iconcan a BENEFICIARY in the will be appointed as an executor
Dear client, yes a benificiary a will can be appointed as an executor under Indian Succession Act, 1925.