QLD Executors - jointly, severally - 2 out of 3?

[TrinaN]

My mother is redoing her will. Previously the 3 executors could act jointly or severally. Now she wants two out of three of the executors to have to agree. Is that possible, and what is the correct terminology please?

 

[Rob Legat - SBPL]

Yes, it is possible. Generally I would advise clients to appoint executors jointly only, given the problems that can occur in families when it comes to estates - but this is not a panacea.

An example for wording is: "I appoint X, Y, and Z, jointly or by two-thirds majority,..."

 

[TrinaN]

Yes, it is possible. Generally I would advise clients to appoint executors jointly only, given the problems that can occur in families when it comes to estates - but this is not a panacea.

An example for wording is: "I appoint X, Y, and Z, jointly or by two-thirds majority,..."

Thank you very much Rob for your answer. My sister (one of my co-executors, and also coincidentally the solicitor who drafted the new will and had it signed and witnessed last week without me seeing a copy), has been trying to convince my mother that 'jointly and severally' meant that everyone had to agree and no one could act independently.

If it is this hard while Mum is still with us, I dread what will happen when my sister and I actually have to work together to settle the estate.

 

[Rob Legat - SBPL]

Then she needs to look up what severally means.