Legacy is when something is received by a Will and Legatee is the person to whom a legacy is given or to whom there has been or is bequeathed an estate.

Section 141 of Indian Succession Act, 1925 states that a person to whom a legacy is bequeathed and who is appointed as an executor of the Will, shall not take the legacy unless he proves the Will or otherwise show an intention to act as an executor. If the Will is proved, he takes a legacy. However, there may be circumstances where he does not have time and therefore he may not get the Will proved but still if he shows an intention to act as an executor, he gets a legacy.

For Example: A who is appointed as an executor and to whom the legacy is given under the Will, himself dies within a few days after the testator and therefore he could not prove the Will but still as he orders the funeral according to the directions contained in the Will, A has shown an intention to act as an executor and therefore he would also take the legacy, though the Will is not proved.