VIC Death of co-Executor Prior to Will maker's death

Discussion in 'Wills and Estate Planning Law Forum' started by ray63, 22 September 2018.

Tags:
  1. ray63

    ray63 Active Member

    Joined:
    22 January 2017
    Messages:
    6
    Likes Received:
    0
    The answer seems like it should be logical, but sometimes, logic and law may not go hand in hand. The relevant clause reads:
    1. I appoint my husband, X, and my son Y to be my executors
    2. If my son Y refuses, is unable or unwilling to act or continue to act as my executor, I appoint in his place my daughter Z.
    Since the will was made, the husband, X, dies.

    Who is the executor?
    • Does Y become sole executor?
    • Or since the appointment was joint (X and Y), and X has died, does clause 1 fail, and therefore clause 2 applies, and Z becomes sole executor.
    • Or does the executor of the husband, X, come into play?
    Can Y apply for probate with Z as a joint executor?
     
  2. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,429
    Likes Received:
    286
    1. Yes
    2. No
    3. No
    4. No
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    AdValorem likes this.
  3. ray63

    ray63 Active Member

    Joined:
    22 January 2017
    Messages:
    6
    Likes Received:
    0
    Looks like the logical answer is the right one. Thank you
     
Loading...

Share This Page

Loading...
gt;