Legal Question in Wills and Trusts in Alabama

Re: Wills

Yes, the primary beneficiary is permitted to be named as the executor of the estate. The real question might arise if that person had a position of trust or what the courts refer to as, position of confidence with respect to the deceased, and used undue influence to cause the testator to favor him or her in the Will as the primary beneficiary, .....

particularly, if such favoring was to the preclusion or detriment of other, closer in kin family members.

Say for example, in the case of a second marriage and blended family situation. If step mom has caused the exclusion of all the children of a former marriage, when those kids and the father had maintained a close and loving relationship during his later years, there might be a case of undue influence. If the court/jury agreed, then the purported Will of the father would be voided as not his true wishes (not his Will, but what the spouse "willed" for him).

Such undue influence cases can be difficult to prove, but absent any such undue influence over the drafting of that Will, the favored or primary beneficiary is not precluded from serving as the executor of the estate.

If you have a more specific follow up question, please let us know if we can be of assistance. Have blessed weekend and Lord's Day. Chip

Re: Wills

Historically no, but the modern approach is that there is nothing wrong with it, so yes, a person can serve as an executor and also be sole beneficiary.

William G. Nolan

www.NolanElderLaw.com