Executor Appointment Clause (Joint Executors, One Alternate) (BC)

Summary

This clause appoints joint executors and one alternate in the event that either of the joint executors fails to survive the will-maker or is unable or unwilling to act as executor and trustee. This clause includes practical guidance and drafting notes. A will can be valid and capable of administration without the appointment of an executor. However, the absence of an executor appointment, or the absence of an alternate executor appointment in the event that the first named executor is deceased or unable or unwilling to act or to continue to act, can ultimately cause serious administration problems after the will-maker has died. Having said that, trust administration becomes more cumbersome and complications can arise where there are multiple trustees. A clause appointing an executor may be customized for the appointment of one primary executor and more than one alternate. Where there will be more than two executors, they must act unanimously unless otherwise directed in the will with a...