Delegation of Authority in Will To Choose Heir

Can a testator decide in his will that someone else will determine who gets a share in his estate? No! The testator cannot decide to give someone else the power to decide who shall get his property, and what share. Such an instruction in a will is invalid.

Can a testator delegate authority to another person to identify someone from a list he prepares who will get a share in his estate? 2. Yes! For example, the testator can make an instruction in his will that the executor of the estate shall decide which institute or body shall inherit from his estate, from among a list of institutes or bodies he provides, or according to criteria he , himself, sets .

What happens if the testator gave an instruction stating the type of beneficiary he wished to leave certain property to, but did not determine who would make the actual choice? Where the testator did not say who would make the decision, the court can either decide itself , or appoint someone to do so.

Can the testator appoint someone who is free to choose the executor of the estate? No! Such an appointment is invalid.

Can a panel of people , rather than one person, choose a beneficiary from a list of candidates to gain from a testator’s will, for example that sets up a scholarship or prize? Yes, a testator may make an instruction in a will for a beneficiary to be chosen from a list of candidates according to certain criteria, and the decision can be made by one person or a panel.

What happens if a person responsible under a will for choosing a beneficiary from a list of potential candidates, or group of people, does not do so within a reasonable period of time? If the choice is not made within a reasonable period of time , then the court can be asked to make the choice instead.

Can a person appointed under a will to select a beneficiary from a group of candidates actually choose himself? Yes, if he is part of the particular group from which the choice is to be made.

Can a person nominated in a will to choose a beneficiary from a group of people transfer this task to someone else? Not unless the actual wording in the will allows this, as the discretion and decision-making are personal acts that must be made by the person chosen.