Key Questions When Putting Together the Powers Clause of a Will

November 14, 2014

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. shutterstock_112255724

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:

  • Do these individuals have any liability limitations?
  • Are there any power limitations for their actions?
  • If there a business to be handled by the executor, is the executor able to continue operating it?
  • What are the benefits or disadvantages associated with naming a bank or similar institution as the executor?

Working with an experienced estate planning team is a crucial step to ensure that you have addressed all of these questions and crafted a will that is not only valid but works to carry out your own wishes. Contact our office for will development and review by emailing info@lawesq.net.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Careers/Open Positions

Explore all available job
listings and become a part of an amazing team.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

When Is the Right Time to Do an Estate Plan?

Estate planning isn’t just for the wealthy or elderly. Learn when and why it’s important to create or update your estate plan to protect your family, wealth, and legacy. One of the most common questions we hear is: “When should I do my estate plan?” The short answer? As ...

<p>The post When Is the Right Time to Do an Estate Plan? first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Q4 2025 Market Outlook: What Investors Should Know Now

Discover key insights on economic trends, interest rates, inflation, and market opportunities for Q4 2025. Learn what investors can focus on amidst mixed signals. As we enter the final quarter of 2025, the ...

<p>The post Q4 2025 Market Outlook: What Investors Should Know Now first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

How the IRS’s Use of AI Could Improve Tax Efficiency—and What It Means for You

The IRS is deploying AI tools like Salesforce Agentforce to streamline compliance and appeals. Here’s what high-net-worth individuals, business owners, and legacy-minded families should understand—and how to plan accordingly. The IRS Goes High-Tech: What You Should Know Earlier ...

<p>The post How the IRS’s Use of AI Could Improve Tax Efficiency—and What It Means for You first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>