so an executor seeks partial distribution using a deed, worded like,
"in consideration of the executors distribution to beneficiaries, the beneficiaries by their executing the deed, release and indemnify the executor from all claims, sums of money, damages, costs, expenses whatsoever now or in the future against executor or estate on account of this distribution."
'consideration'... could consideration be contract law or dictionary meaning, wouldnt 'upon distribution' make more sense in that case?
it seems quite convoluted if that would give the executor immunity-
- if the deed is simply signed on its own by beneficiaries but before distribution, or
- only after distribution.
obviously quite a difference there.
"in consideration of the executors distribution to beneficiaries, the beneficiaries by their executing the deed, release and indemnify the executor from all claims, sums of money, damages, costs, expenses whatsoever now or in the future against executor or estate on account of this distribution."
'consideration'... could consideration be contract law or dictionary meaning, wouldnt 'upon distribution' make more sense in that case?
it seems quite convoluted if that would give the executor immunity-
- if the deed is simply signed on its own by beneficiaries but before distribution, or
- only after distribution.
obviously quite a difference there.
