Legal Question in Wills and Trusts in Virginia

This is stated on a will:

EXECUTOR:

I appoint ________ _. _________ (address) and ______ _______ of (address), as Co-Executors (collectively "Executor") of this my Last Will and Testament. If my Executor predeceases me, declines, resigns, or becomes unwilling or unable to act, I nominate _____ _. ______ of (Law Firm), to be my Executor. I further direct that my Executor be allowed to qualify without giving security, and I waive any requirement for the appraisement of my estate.

This client said they did not nominate the law firm to be executor in absent of stated executors. How can this be worded differently?


Asked on 3/09/10, 5:21 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

The current wording of this appointment clause seems fine to me if the following meaning is intended: if for whatever reason the individuals initially named as executor(s) are unable to serve, then the designated law firm is to serve in their stead. This is how I would interpret this clause and would see no reason to change the wording unless this testator has something very different in mind and does not wish this law firm to serve as executor in the absence of the other individuals initially named as executor(s).

If such is the case, then the question would seem to arise as to what would be the purpose of having the law firm involved at all?

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Answered on 3/14/10, 1:28 pm


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