QLD Crazy executor powers??

[sonmeguy455]

i have here some executor powers that seem like they give too much power to the executor, maybe to even keep assets above beneficiaries,

"5.1 to retain any investment or security held by me at my death, and to invest or reinvest any money in any investments or securities of whatever nature and kind whether authorised trustee investments or otherwise.

5.2 to apply the whole of any part of the income and capital of that part of my estate to which any beneficiary is entitled for or may in future be entitled for or for their maintainance, education or advancement in life."

Pretty ambiguous right?

 

[Docupedia]

Pretty usual. Trustees have an overriding obligation to administer an estate in accordance with the wishes of the deceased, so any powers need to be read in that context. Giving a wide scope of power allows them not to be hemmed in - because if the power isn't in the will, then it needs to be in the Act or by order of the Court, and it can be costly to prove so.

 

[Tim W]

Executor and Testamentary Trustee are different offices. The latter comes after the former, but they don't have to be the same person.
Those are less like executor powers and more like the powers of a testamentary trustee.
What's your question?