The role of an executor in a will is extremely important. The executor acts on the instructions set out in a deceased person’s will and ensures that beneficiaries receive their testamentary gifts. The role of executor comes with a lot of responsibility. The work involved can often be complex and time-consuming. This is why some people opt to appoint alternate executors in their will in case their first choice is unable or does not wish to take on the role as executor. It is recommended that alternate executors are named. It is best practice, prior to naming an executor, to speak with the person beforehand.
An executor, also referred to as an executrix, administers a person’s estate when they pass away based on information the deceased left in their will and in accordance with applicable law. Since the task of an executor is important, it is imperative that the person selected is trusted. An executor should be someone you are comfortable with, a family member, a friend, or even a professional organization. If no individual is named as an executor, the courts will appoint an executor to carry out your wishes.
The first thing an executor must do is locate the most recent will of the deceased person. Executors should be apprised of where the will is located and know how to access it. The next step for the executor is to obtain probate. If you are named as executor, you do not have to act as an executor and there are ways you can “refuse”. If you do act as an executor, you are able to be reimbursed for expenses you paid out of your own pocket in acting as executor of the estate. You may also be able to claim a fee for your services. As an executor, your duty is always to act in the best interest of the estate and beneficiaries. An executor can also be a beneficiary of the estate, meaning they can receive testamentary gifts through the will.
The executor must apply for and obtain a Grant of Probate from the BC Supreme Court. Probate is a process that verifies a will is authentic. Whether a will requires probate or not depends on the agencies and financial institutions holding the assets within the estate. Before the funds and assets are accessed, the agencies and financial institutions may require that a will is probated. If you are an executor and unsure about whether a will needs to be probated, please contact us today and we can discuss your matter and provide legal advice.
Jessica Wozniak
Jessica is an associate lawyer at Cote & Evans Trial Lawyers.
Jessica practices in family law, civil litigation, criminal law and wills and estates. Her practice encompasses a broad range of matters such as separation agreements, cohabitation agreements, child custody, Ministry of Child, Family and Community Services involvement, property division, insurance breach, traffic tickets and representing clients at each stage of the criminal process.