Replacement Trustees

Trusts Discussion
1

I am drafting a Will where the testator wants separate trustees and executors. The Trustees are also to be appointed as guardians of the minor child. All fine. However the chosen trustees and guardians are elderly and so I have provided for replacement guardians but is it possible to appoint replacement trustees for one or both? If one of them predeceases will it not be the surviving trustee who should make the appointment of a replacement trustee? I assume I can provide for replacements if they have both predecease the testator?

sharon edelstyn
Phoenix Legal Group

2

The terms of the will do not take effect until the death of the
testator. The will can include substitutional provisions in case any
named executor or trustee dies before the testator. I see no difficulty
with the will naming alternative trustees should either (or both)
currently named trustees predecease the testator.

Paul Saunders