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

Section 141 of Indian Succession Act: Testamentary & Estate Administration Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 141

Section 141 establishes the statutory presumption that a legacy given to an executor is conditional upon his showing an intention to act as executor.

Presumed Condition to Act: If a will appoints a person as executor and also gives him a legacy, he is presumed not to be entitled to the legacy unless he shows an intention to act as executor.
Proving the Will as Intention: The intention to act is conclusively established by proving the will (applying for probate) or taking out letters of administration with will annexed, or otherwise intermeddling with the estate.
Rebuttal by Contrary Context: The presumption can be rebutted if the text of the will indicates that the legacy was given out of personal affection or independent of the office of executor.

Key Landmark Precedents:

Govindbhai v. Dahyabhai AIR 1936 Bom 201: The Bombay High Court held that under Section 141, an executor who renounces probate cannot claim a legacy bequeathed to him unless the will explicitly shows the gift was independent of the office.
In re Appleton (1885) 29 Ch D 893: Followed in India: the burden lies on the executor who does not prove the will to establish that the bequest was unconditional and based on personal friendship rather than compensation for executor duties.

Courtroom Practice & Strategic Litigation Guidance:

If a testator wishes to leave a gift to a friend who is also named as executor regardless of whether he undertakes the burden of probate, the will must explicitly state: 'I bequeath this sum to my friend X as a token of personal affection, whether he acts as executor or not'.

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

Section 141 of Indian Succession Act: Testamentary & Estate Administration Procedure

Legal Commentary & Landmark Judgments: Section 141