To apply for the benefit of any beneficiary ...

English translation: To use the proceeds to which the beneficiary is or may be entitled, on that beneficiary's behalf

22:10 Jan 17, 2010

English language (monolingual) [PRO]
Law (general) / Will

English term or phrase: To apply for the benefit of any beneficiary ...

Again, the same will:

My executors shall have the following powers:
a- To apply for the benefit of any beneficiary as my executors think fit the whole of any part of the income from that part of my estate to which that beneficiary is entitled or may in future be entitled.

Any help with the explanation of this paragraph would more than appreciated, thanks a lot.

Ziad Marzouka KudoZ activity Questions: 276 (7 open) (1 without valid answers) (4 closed without grading) Answers: 818 Switzerland
Local time: 13:41

Selected answer:To use the proceeds to which the beneficiary is or may be entitled, on that beneficiary's behalf

Explanation:
In other words, the executor may access that part of the estate to which the beneficiary is entitled and spend those moneys or use that property on behalf of said beneficiary.

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Note added at 27 mins (2010-01-17 22:37:51 GMT)
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This paragraph is empowering the executor to access the estate property (that is, the portion to which the beneficiary is entitled under the will) to the benefit of that beneficiary, essentially so that the beneficiary would not have to wait until the estate has been settled in order to benefit from the property, if the executor so desires.

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Note added at 29 mins (2010-01-17 22:39:29 GMT)
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NB: Keep in mind, however, that this clause is vesting power in the executor to act on the beneficiary's behalf, but is not empowering the beneficiary himself or herself per se.

Selected response from:

Richard McDorman
United States
Local time: 07:41

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To use the proceeds to which the beneficiary is or may be entitled, on that beneficiary's behalf

Richard McDorman

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peer agreement (net): +5

to apply for the benefit of any beneficiary ...

To use the proceeds to which the beneficiary is or may be entitled, on that beneficiary's behalf

Richard McDorman
United States
Local time: 07:41
Specializes in field
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English
PRO pts in category: 8

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To apply for the benefit of any beneficiary ...

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