Question: Would a provision in your Will directing your executor (also referred to as ‘estate trustee’) to use a specific lawyer or other professional advisor be binding?
Answer: In short, probably not. It is likely that such a provision would not be legally binding upon your executor. It is generally held that executors should be able to select professional advisors of their own choosing. This does make practical sense as the professional named in the Will could have died, relocated, or retired. It could be drafted as a ‘wish’ or you could write a separate memorandum indicating your wishes. Neither of these options will be legally binding but they may have some moral persuasion.
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Blog posts pre-dated December 1, 2015 were originally published under Neff Law Office Professional Corporation.
