"Executor to divide assets as she sees fit"

[Brendan Burgess]

I was told recently about a will where the husband left everything to his wife, but in the event that his wife predeceased him, the executor was to "divide the assets as she shes fit" .

Could this be valid?

Even if it were valid, presumably those entitled to the assets under the rules of intestacy could challenge it. But the Executor would probably be best advised to follow those rules in any event.

Brendan

 

[mf1]

"Could this be valid? "

Yes- but its very odd.

If there's a will, there is no intestacy situation and if he dies a widower, he is free to leave his assets where ever he wants. Especially where there are no children to challenge the will.

Is it possible that the only assets to be distributed by the executor were family items - which is very usual.

mf

 

[noproblem]

I notice Brendan that you say the executor was a she? Not in any way saying "a she" shouldn't be, but is she a solicitor and if not is she close to the husband? If so, why didn't he leave everything to her as a 2nd choice or can she as executor do that herself? Curiosity has gotten the better of me on this one, that's all.

 

[Vanilla]

In a power of appointment the disponer gives either a general or a special power of appointment to a holder. The power is often expressed as ' I give Mary the power to appoint my assets as she sees fit, and in default of appointment by Mary, then equally between the children of my sister, Josephine' So if Mary fails to appoint ( including if she dies without appointing) they go to his sister's children. A general power gives the holder power to appoint to anyone ( including themselves). A special power would usually be to a certain category of relations. There are different tax treatments.

 

[Brendan Burgess]

In a power of appointment

Thanks Vanilla. I just had not understood the word "appointment".


Brendan