In circumstances where the executor has not necessarily acted wrongly, but all of the beneficiaries agree that they do not want the appointed executor to act, they can request that the executor consent to being removed or, if it is early enough in the estate administration process, seek an agreement that the named ...
Here are some things to consider when drafting a letter to your executor or trustee. Your thoughts about wealth. Share your story about how you came to the assets that you are leaving in your will. How was your wealth created, what do you value and what are your long-term goals for your wealth?
Yes, a trustee can also be a beneficiary of the same trust that they manage. This situation is not uncommon, especially in family trusts. If a family member is assigned the management of the trust but you want them to benefit from its assets, this is a common arrangement.
There's no rule against people named in your will as beneficiaries being your executors. In fact, this is very common. A person under the age of 18 can be appointed as an executor in a will but won't be entitled to apply for probate until their 18th birthday.
If you need to change the executor in your Will, you can simply change this by filling out a Codicil document. You'll need to add a new clause which replaces the existing clause referencing the name of the executor. Just like a Will, two people will need to sign the Codicil.
Given the magnitude of the responsibilities and the intimacy of the role, you may want to name a close friend or relative as executor, someone who fully understands and respects your wishes, as well as those of your beneficiaries, and who might handle your sentimental heirlooms and other property more sensitively than ...
Most people choose a relative or close friend as executor. If your estate is large or complicated you may wish to appoint a trust company to act as your executor.
Yes, Canadian law allows an executor to be the sole beneficiary of an estate or one of many beneficiaries. Many people appoint their family members as both beneficiaries and executors in their will.
If there is no will, who is the executor? Someone will have to apply to the court to be appointed as the administrator (or personal representative) of the deceased person's estate. In Ontario the person is called the Estate Trustee.
If there is no will or an executor has not been named, refer to the estate law of the Provincial or Territorial government where the person died. Identifying a legal representative will ensure that the deceased's affairs are managed quickly.