Some things you can do by yourself. Take advantage of professionals. Have tax professionals confirm income tax filing deadlines especially if a business is involved. Lawyers can identify your specific duties, and areas of concern from the will. Only lawyers can give legal advice about what the…
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Suddenly, you learn you are the executor of an estate. Don’t expect to find neat and up-to-date files called, “My Estate Inventory” or “For My Executor”. Few people are that organized. You must, instead, act like a detective. Remember, you are handling another person’s valuables. Be ready…
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Your Call to Duty It’s simple. When you act as executor, you are called to duty. A friend or relative may have asked you to be their executor. You may not even recall if you said yes or no. You may be worried that you’re inexperienced. You…
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A little while ago, Carol came into my law office. She placed a new leather portfolio on the boardroom table. She told me she had just come from a relative’s funeral. “I am executor of my brother’s estate, but I don’t know what to do,” Carol said….
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What does it cost to replace an estate executor? The costs are horrendous. Make sure you name a backup executor in your will. To remove an executor, you require a court order. Courts must agree there are grounds for removal. Hopefully you will name an alternative executor…
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Courts must remove estate executors by court order. A decision in 2024 by Justice B.A. MacFarlane (Deziel v. Deziel, 2024 ONSC 5279) outlined these principles for successful removal. [80] The Ontario Court of Appeal in the case of Chambers Estate v. Chambers confirmed that “the court should…
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As an executor/estate trustee in Ontario, you face many challenges. Here are some tips to help you. As a fiduciary, you have obligations to creditors and beneficiaries alike. You must act as a neutral even if you are beneficiary yourself. That means you cannot give yourself priority…
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If you are stuck or don’t know where to begin as an Ontario estate executor, read this post. No single roadmap works for every estate journey. Each estate, large or small, has different assets, beneficiaries and tax issues. These variables create their own list of dos and…
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Read my previous post, Rules to Pick the Right Estate Trustee for Your Will. Executors have personal liability for their misconduct. Executors can decline the job. They cannot be compelled to act as executors. That’s why you always need to name a backup executor in your will….
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You may be postponing making your will for the wrong reasons. Looking for the right estate executor is not a good reason. Why? Because your choice today may not be a good choice in five to 10 years. Executors are also called estate trustees in Ontario. I…
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