May I state in my Will that I leave the making of bequests to my executor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
May I state in my Will that I leave the making of bequests to my executor?
May I in my Will, “declare no specific bequests but instead leave the making of any and all bequests to the discretion of Executor without limitation, including the right to name Executor as a beneficiary or sole beneficiary” and then have those bequests treated the same as if I had declared them in my Will?
Asked on April 11, 2012 under Estate Planning, Washington
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would probably not be advisable to place such an overbroad provision in your will if you have more than one child or have a living spouse and a child or children or multiple beneficiaries. If you make the executor have full power to dispose of your property by becoming the sole beneficiary and you expect there to be more than one beneficiary or there is family drama, the provision and the will itself may try to be voided. If you wish to make one person both the executor and beneficiary, explore this option with your attorney (advisable to have a third party attorney who is not related to you and has no stake in your property to review the testimentary document). You may wish to explore a trust as a non-taxable, non-probatable alternative to a simple will.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.