Executor Appointment Clause (Alternate Substitutes When Spouse Unable/Unwilling to Act) (ON)

Summary

This clause appoints two alternate substitutes if the testator's spouse fails to survive the testator or is unable/unwilling to act. This clause includes practical guidance and drafting notes. Clients often ask how many estate trustees they should appoint. A solicitor should recognize that there is a practical (but not legal) limit on the number of persons who can effectively act as estate trustees. Even the largest estates require five or fewer trustees, and three are usually enough. If a client wishes to appoint more trustees, the solicitor should suggest designating them as alternates or substitutes in case one or more of the trustees already nominated is unable to serve in that capacity.This clause appoints two alternate estate trustees to act together in the event the original executor is unable or unwilling to act. In addition, it provides for the scenario where one of the alternate estate trustees passes away before the administration is complete and allows the remaining estate ...