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 may be decided by a majority rule. The absence of this clause would mean they would have to act unanimously on every discretionary decision. For a discussion on various aspects of will drafting related to executors in a will, see the practice note: Testamentary Executor Provisions (BC). For a clause appointing joint executors and one alternate, see: Executor Appointment Clause (Joint Executors, One Alternate) (BC). For a clause allowing the executor to appoint a replacement executor, see the clause: Executor Power Clause (Appoint Replacement or Additional Trustees) (BC). For a clause giving the trustee authority to take custody of the estate ...