What is a Fiduciary?
Fiduciaries have obligations to beneficiaries and a breach of those obligations can result in being held responsible for the losses incurred. A breach may also result in the fiduciary being removed as a trustee or executor.
Executor’s Fees: What You Should Know
In British Columbia, settled law entitles estate executors to remuneration for their work in administering an estate. In fact, this was restated by the Supreme Court of Canada in Cowper-Smith v Morgan, a case argued and won by League and…
Estate Planning Tips: Creating the Perfect Estate Plan
It’s important that estate planners create detailed plans that they're happy with before they pass away. Estate planning goes well beyond simply writing a will. A robust estate plan should provide you and your loved ones with detailed plans for…
Missing Will: Executor Can’t Locate the Will, What Now?
It’s common for people to desire a sense of privacy and confidentiality when they prepare their last will and testament. Some people keep their will hidden to avoid upsetting loved ones with their inheritance choices. If no one knows the…
Executors Quitting: Can an Executor Quit the Job of Administering the Estate?
The job of an executor is not easy; there's a number of different responsibilities to prepare the estate for distribution. Many executors agree to take on the role without fully understanding the responsibilities and duties that it entails. Many executors…
Executor Passes Away, Who Finishes Administering the Will?
When a will writer dies, the executor named in their will handles the administration of the deceased's estate, ensuring the estate is distributed as intended. This can be a lengthy process, especially when executors are handling large, complex estates. In…
Picking an Executor: Who Should You Choose?
Choosing an executor for your estate is a key step in the will-writing process. There are many factors to consider, and it’s not always as simple as choosing a family member or friend. The job of an executor can be…
Subpoenas for Testamentary Documents: Getting a Copy of the Will when the Executor Refuses
Beneficiaries, spouses and children have the right to receive a copy of a testator's will, regardless of the executor's opinion. When executors refuse to provide a copy of the will, beneficiaries can issue a subpoena. According to part 25 of…
Citation: Forcing the Executor to Apply for Probate
For beneficiaries, it can be frustrating to wait for the executor to apply for a grant of probate. Unfortunately, some executors deliberately delay the administration process or completely fail to take action. Regardless of how slow the executor is, beneficiaries…