Estate Planning #7: Pick an Executor

Every Will appoints someone to carry out the Will-maker’s instructions.  This used to be called the “Executor” – the person who executes orders.  Now it’s called the “Personal Representative”.  Same thing.

The Personal Representative has a relatively short list of duties:

·         Verify that this is the “last” Will;

·         Arrange the funeral and disposal of the body (if you want your body to “go to science” – they want it fresh):

·         Take possession and control of the Will-maker’s property (stop people from taking things);

·         Inform people of the Will-maker’s death (banks, CRA, pension, relatives, employer, etc.);

·         Collect names and contact information for all named heirs and others who may have a claim to inherit (see our blogs about disinheritance);

·         Inventory the Will-maker’s property;

·         Cancel any unnecessary bills (phone, internet, subscriptions, credit cards, etc.);

·         Pay debts and bills;

·         Prepare final tax return;

·         Apply for court approval of the Will (Probate):

·         Sell assets as necessary (some will be transferred to a beneficiary as is);

·         Dispose of property that isn’t worth selling (clothing, most furniture, appliances, food);

·         Distribute the estate in accordance with the Will;

·         Maybe defend a Wills variation claim; and

·         Get court approval of all financial transactions by the Executor – preferably with the consent of the heirs.

Some of the duties listed above can be complicated.  The whole process usually takes over a year (even when there’s no problem).

Many Will-makers appoint a spouse, sibling, or child as Personal Representative.  These are typically picked because they have a close relationship with the Will-maker (“she’ll know what to do”).  There are 2 problems with this: (1) If the named Personal Representative is close to the Will-maker – it’s likely they will emotionally upset by the death.  They may be unable to shoulder this burden.  (2) If the Personal Representative is chosen for their relationship to the Will-maker -- it’s likely they won’t have the knowledge or skill to carry out all the legal duties required.

The Personal Representative is personally liable for the estate, so it’s a serious matter.

That’s why most Personal Representatives hire lawyers to assist with the estate.  You, as the Personal Representative are the client – instructing the lawyers. Lawyers like us, who practice estates, are experienced in all the duties required.  We can take on the administrivia and the legal processes.    Meanwhile, you can focus on the “personal” side: dealing with your own grief, contacting relatives, arranging the funeral and reception, etc.

Clear guidance when a loved one or friend dies is especially important.

We’re giving Wills seminar by Zoom on 12 May.  Sign up here: https://www.clearlaw.ca/register