Key Questions When Putting Together the Powers Clause of a Will

A will typically has many different clauses within it that your attorney will walk you through during the drafting process. The most common clauses are an introduction, a debts section, taxes, tangible personal property, real estate, specific bequests, residuary, powers, the appointment of fiduciaries, signing, attestation, and other clauses. In this blog post, we’ll focus specifically on some key questions to consider for the powers clause. 

The first question to consider is whether the will should include independent executor details, which means that an executor is given operation powers outside Probate Court supervision. Including this in your will can allow things to move forward much more quickly, but it must be expressly outlined in the will in order to be valid.

With regard to executors and trustees, other important questions include: