How do I appoint my joint executors where the remaining can continue to be the joint executors (or sole executor if only one remains) if any of them is unable/refuse to act?
In the Appoint People tab, under Appoint Executor, choose your joint executors by adding them under the "Main Executor" section. Leave the Substitute Executor section blank.
In the above example, if B is unable/refuses to act, A and C will continue to act as the only joint executors. If A and C are unable/refuse to act, then B will continue as the sole executor of the Will.
Under the Select Clauses tab, toggle on Other Instructions and key in the following:
Appointment of Substitute Executor
If ANY of the following personnel:
- my {Relationship}, {Name}, {Identification Number/details};
- my {Relationship}, {Name}, {Identification Number/details};
- my {Relationship}, {Name}, {Identification Number/details};
refuses to act or is unable to act, or his/her appointment does not take effect for any other reason, I appoint the remainder of them to be my joint executors of my Will, or if there is only one remaining, for him/her to be the sole executor of my Will.
If ALL joint executors refuse/unable, substituted by sole executor
If you want to add another sole executor as a standby to replace in case ALL of the above joint executors are unable/refuses to act, you can add the following on top of the above instructions.
If ALL of the following personnel:
- my {Relationship}, {Name}, {Identification Number/details};
- my {Relationship}, {Name}, {Identification Number/details};
- my {Relationship}, {Name}, {Identification Number/details};
die before me, refuse to act or is unable to act, or his/her appointment as my Executor does not take effect for any other reason, I appoint my {Relationship}, {Name}, {Identification Number/details}, to be the sole executor (hereinafter called "my Substitute Executor") of my Will.
If ALL joint executors refuse/unable, substituted by joint executors
If you want to add joint executors as a standby to replace in case ALL of the above joint executors are unable/refuses to act, you can add the following on top of the above instructions.
If ALL of the following personnel:
- my {Relationship}, {Name}, {Identification Number/details};
- my {Relationship}, {Name}, {Identification Number/details};
- my {Relationship}, {Name}, {Identification Number/details};
die before me, refuse to act or is unable to act, or his/her appointment as my Executor does not take effect for any other reason, I appoint the following personnel:
- my {Relationship}, {Name}, {Identification Number/details};
- my {Relationship}, {Name}, {Identification Number/details};
to be my joint executors (hereinafter called "my Substitute Executor") of my Will.
Adding one more layer of substitute-substitute executors in order or priority
If you want to have additional substitutes as a standby to replace your Substitute Executor, you can add in the following clause:
Should any of my Substitute Executor also die before me, refuses to act or is unable to act, or his/her appointment does not take effect for any other reason, I appoint the following personnel in order of priority to replace him/ her:
(a) {Relationship}, {Name}, {Identification Number/details}
(b) {Relationship}, {Name}, {Identification Number/details} …
If you have configured testamentary trust which selects "Use of my list of appointed Executor(s)" as the trustee, you will also need to edit your testamentary trust trustee according.