Series: Before Starting Your Job as Executor, Answer These 6 Quick Estate Questions

Question 3 Will there be lawsuits?

Are you an Ontario estate executor? You must know this.

How people interpret wills can lead to disagreements which are inevitable. Even in the best families, people don’t always agree. Disagreements can cause people to hire lawyers. You may be involved when beneficiaries choose to go to court?

Wills are legal documents and must follow laws. Judges can cancel wills if they are challenged. Court contests over a will’s validity can go on for years. Trying to carry out the deceased’s final wishes sounds noble. However, executors must remain neutral and not take sides.

Will there be individuals who will make claims against the estate? Spouses or dependants have rights to contest what they receive under a will. You may find that you are dragged into their long court battles.

If the will is contested, as executor, you have no authority to take any action. Court cases can increase stress and headaches managing an estate. You may wish to renounce to avoid nasty court cases.

Choose to renounce if you have any reason to believe the will is not valid. You can still be a witness in court to defend the will, if necessary.

Next, let’s consider if you have a conflict of interest.

Read my previous post, Q#2 Can you handle the executor job? here.

Find my next post Q #4 Do you have a conflict of interest? here.

Do you need help with executor work? Contact me.