Executor Appointment Clause (With Substitute) (ON)

Summary

This clause appoints two named individuals as the executors and estate trustees of the testator to act jointly and appoints a substitute in the event of death or unwillingness to act of either or both of them. This clause includes practical guidance and drafting notes. If the testator wishes to appoint more than one estate trustee, the solicitor should advise the testator that the trustees must make decisions jointly, unless the will provides that decisions can be made by majority rule or by an estate trustee who has a veto. This clause appoints two named individuals as the executors and estate trustees of the testator to act jointly and appoints a substitute in the event of death or unwillingness to act of either or both of them. It does not provide for a decision-making process for the estate trustees who are named jointly and so the estate trustees must make decisions jointly. Solicitors should also seriously consider whether the inclusion of majority rule or veto clauses will lead ...