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Difference between revisions of "Making and Executing a Will (16:III)"
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Making and Executing a Will (16:III) (view source)
Revision as of 22:02, 9 August 2021
, 22:02, 9 August 2021→b) Appointing the Executor and Trustee
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==== b) Appointing the Executor and Trustee ==== | ==== b) Appointing the Executor and Trustee ==== | ||
* SAMPLE: “(a) I appoint my [relationship] [full name of executor/trustee] (“[executor/trustee name]”) of [executor/trustee’s address] to be my Trustee. | * '''SAMPLE:''' “(a) I appoint my [relationship] [full name of executor/trustee] (“[executor/trustee name]”) of [executor/trustee’s address] to be my Trustee. | ||
(b) If my [relationship] [executor/trustee name] is unwilling | (b) If my [relationship] [executor/trustee name] dies, is incapable, or is unwilling to act or continue to act as my Trustee, I appoint my [relationship] [full name of alternative executor/trustee] of [alternative executor/trustee’s address] to be my Trustee.” (See 2020 CLEBC ''Wills and Personal Planning Precedents'', 3.5) | ||
The Executor also takes the role of a Trustee during the administration of the estate. However, the will-maker may wish to establish a continuing trust and thus appoint different people to be Executor and Trustee of a specific trust. A Trustee is appointed where the will-maker wishes to prevent the beneficiaries from squandering all or part of the estate and to provide for more capable management funds or property, or to provide for infant children until they attain the age of majority. A trustworthy and competent person should be chosen to be the Trustee. This person will have legal title to the property. | The Executor also takes the role of a Trustee during the administration of the estate. However, the will-maker may wish to establish a continuing trust and thus appoint different people to be Executor and Trustee of a specific trust. A Trustee is appointed where the will-maker wishes to prevent the beneficiaries from squandering all or part of the estate and to provide for more capable management funds or property, or to provide for infant children until they attain the age of majority. A trustworthy and competent person should be chosen to be the Trustee. This person will have legal title to the property. | ||
