Is Executor's Acceptance Considered as a Condition
Issue No. 2340- If a person comes to know that someone has appointed him as his executor, and he informs the testator that he is not prepared to perform the duties of an executor, and if he (the testator) can appoint another person as the executor of his Will, the first Will becomes void. However, if he does not come to know about it before the death of the testator, or comes to know about it but does not inform the testator that he is not prepared to act as an executor, or he informs him, but he does not have access to anyone else, the obligatory precaution is that he should act upon the Will except for when the execution of the Will involves extreme hardship for him.