8. Wills Can Be Invalid and Contested

Some will contests go on for years, maybe decades. As executor, you may have no authority to take any action. You may, however, be responsible for explaining what you did do, even on a temporary basis. Make sure that before you start acting as executor you get legal advice on your potential exposure.

What if you started selling estate antiques at a garage sale to get the house ready for sale? If you did not get items appraised, you could be liable for selling them below value and not recording sales.

If the will is contested, a temporary executor may be appointed to manage estate property until the court dispute is settled. You may need to stand down.

You may not wish to have this responsibility. Make sure you hire a lawyer and advise everyone formally of your position.

Extras to Consider

So, what if the will is contested, beneficiaries are swarming all around you and you are facing a three-year court battle as an executor?

Are there quicker, more cost-effective ways to resolve estate disputes? Have you ever heard of mediation? You may wish to read my free report on mediation available here.

If you have reason to believe the will is not valid, for whatever reason, speak with a lawyer.

Read my pandemic blog for a complete list of the other Ontario executor headaches to avoid. Don’t forget to read my free report Suddenly You’re An Ontario Executor so you can stop feeling overwhelmed and handle any Ontario estate with no mumbo-jumbo.