Will (Three Executors, Majority Rule and No Spouse) (BC)

Summary

This precedent is a will drafted in circumstances where the will-maker does not have a spouse and wishes to appoint three executors whose decisions will only prevail where a majority agrees to the decision. It contains practical guidance and drafting notes. 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 "majority rule" clause. It can be useful to include a clause giving the executor the power to appoint additional or replacement trustees, should the need arise. In this precedent, the will-maker wishes to appoint three executors whose decision will only prevail where a majority agrees to the decision. The duties and powers of the trustees are set out in detail. For a clause that illustrates the wording for a majority rule in decision-making for executors, see Executor Decision-Making Clause ...