Tuesday, August 9, 2011

Making a will "My Executors can Sell My Property at their Absolute Discretion without being responsible ... ?

I wouldn't be happy about such a clause in my will, as it gives unfettered discretion to the executors to do whatever they please. While I wouldn't want the funds in my estate to be swallowed up in frivolous law suits, it is easy to see what unhappiness could be caused by executors who had no understanding of the value (sentimental or otherwise) of certain assets simply getting rid of them by the swiftest possible means. This wording is clearly slipped in, as you put it, to protect the executors (who sometimes need protecting against litigious family members), but it seems to give far too absolute a discretion for my taste and it would be a good idea to appoint two executors, one being a close friend or family member, for that reason.

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