Is a will that tells the executor to distribute the estate “as she sees fit” valid?

  • Yes.  It is valid, and amounts to a direct gift to the executor

In Tassone v. Pearson the will was done on a pre-printed, drug store form.  It gave the entire estate to the executor, “to be distributed as seen appropriate by my executor”.  The executor applied to court to have the court interpret the will, seeking an order that she was entitled to take the entire estate for herself.  The order was granted.

This case serves as a warning to those who believe that a home-made will is good enough.  Conflicting clauses in the will made the court application necessary, reducing the size of the estate.

We do not draft wills, but we can give advice on problematic wills.  Contact us.

Read the case:  Tassone v. Pearson

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