Executor Decision-Making Clause (Majority Rule, Dissenters Not Liable) (BC)

Summary

This clause directs that where there are more than two executors, the decision of the majority determines the issue and any dissenter will not be liable for the actions of the majority. This clause includes practical guidance and drafting notes. In this clause, there are more than two executors. It directs any decisions that must be made by them will be decided by a majority rule. The absence of this clause would mean they would have to act unanimously. It may be useful to include a clause giving the executor the power to appoint additional or replacement trustees of any testamentary trusts, should the need arise. 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 ...