Executor Appointment Clause (Two Alternate Substitutes, One Successive Substitute) (ON)

Summary

This clause appoints two alternate substitutes as the executors and estate trustees to act jointly if the testator's spouse fails to survive the testator or is unable/unwilling to act, with one successive substitute upon the death of or unwillingness to act of either or both of the alternate substitutes. 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 substitutes as the executors and estate trustees to act jointly if the testator's spouse ...