Executor Appointment Clause (Assumption of Will-maker's Executor Duties) (BC)

Summary

This clause appoints the named individual as executor or trustee in the event that the testator is an executor or trustee of any unadministered estate at the time of his/her/their death. This clause includes practical guidance and drafting notes. On occasion, a will-maker may be acting as an executor of another will or trustee of an estate at the time of death. The chain of representation, statutorily embodied in s. 145 of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 ("WESA"), gives the executor the powers of the deceased will-maker with respect to the other person's estate for which he or she was responsible, once the will of the deceased executor has been probated. This is not always the optimal outcome as the first deceased will-maker may not know whom the deceased executor has appointed in their will. It is preferable that the will-maker instead appoint a different person to complete the administration of the estate if the primary executor is unable to act or continue ...