Monday, July 12, 2010

Can an enduring attorney be a company?

The issues in relation to attorney appointment over the last couple of weeks have generated a number of questions and comments.

One common theme has been in relation to the distinction between the appointment of an attorney and the role of an executor and/or trustee under a will.

There are a number of distinctions between these various roles, however one of the overriding practical points is that the appointment of an attorney can generally only be of an individual person.

In contrast, the appointment of an executor or trustee can be of a company or a particular role – for example, you will often see the executor of a will being crafted so that it is the 'senior partner from time to time in the firm of . . . . . .’.

Until next week.

Matthew Burgess