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

[ray63]

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?

 

[Rob Legat - SBPL]

1. Yes
2. No
3. No
4. No

 

[ray63]

Looks like the logical answer is the right one. Thank you