Your Duties As Executor - Revision history

Drew Jackson: /* If you decide to act, you may need to probate the estate */

2023-11-16T22:59:43Z

If you decide to act, you may need to probate the estate

← Older revision		Revision as of 22:59, 16 November 2023
Line 17:		Line 17:
	===If you decide to act, you may need to probate the estate===		===If you decide to act, you may need to probate the estate===
	'''Probate''' is the process of applying to court for a ruling that a will is legally valid and confirming that an executor is authorized to deal with the estate. An '''estate''' consists of any land, house, money, investments, personal items, and other assets that the deceased owned (with some exceptions, explained shortly).		'''Probate''' is the process of applying to court for a ruling that a will is legally valid and confirming that an executor is authorized to deal with the estate. An '''estate''' consists of any land, house, money, investments, personal items, and other assets that the deceased owned (with some exceptions, explained shortly).

	~~{\| class="wikitable"~~
	~~\|align="left"\|'''Tip'''~~
	In light of the coronavirus pandemic, in-person registry services were suspended for a period of time. As of July 13, 2020, the probate registries are open for in-person services. While in-person filing of your documents is an option, the court strongly encourages [https://justice.gov.bc.ca/cso/index.do e-filing], faxing, or mailing your documents to the registry. [https://www.bccourts.ca/supreme_court/court_locations_and_contacts.aspx Here are contact details for registry locations]. The court has set out [https://www.bccourts.ca/supreme_court/documents/COVID-19_Notice_No.27_In_Court_Measures_During_the_Pandemic.pdf measures for those attending a courthouse in person].
	\|}

	===Some estates don’t require probate===		===Some estates don’t require probate===

Elena Renderos at 05:05, 10 November 2020

2020-11-10T05:05:41Z

Show changes

Elena Renderos: Elena Renderos moved page Your Duties As Executor (No. 178) to Your Duties As Executor: Removing recording numbers from page names

2020-09-12T05:09:45Z

Elena Renderos moved page Your Duties As Executor (No. 178) to Your Duties As Executor: Removing recording numbers from page names

← Older revision	Revision as of 05:09, 12 September 2020
(No difference)

Drew Jackson at 17:33, 31 March 2019

2019-03-31T17:33:42Z

← Older revision		Revision as of 17:33, 31 March 2019
Line 1:		Line 1:
	{{REVIEWEDPLS \| reviewer = [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert\|date= October 2018}} {{Dial-A-Law TOC\|expanded = wills}}		{{REVIEWEDPLS \| reviewer = [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert\|date= October 2018}} {{Dial-A-Law TOC\|expanded = wills}}
	As an executor, you’re in charge of looking after the will-maker’s affairs after they pass away. Before you accept to act as an executor, you should understand an executor’s duties.		As an '''executor''', you’re in charge of looking after the will-maker’s affairs after they pass away. Before you accept to act as an executor, you should understand an executor’s duties.

	==Understand your legal rights==		==Understand your legal rights==

	===The role of an executor===		===The role of an executor===
	An ~~'''~~executor~~'''~~ is a person named in a will to deal with the will-maker’s estate after they die. The person who died and wrote the will is called the '''will-maker''' (also called the '''deceased'''). An executor gathers up the estate assets, pays the debts of the deceased, and divides what remains of the deceased’s estate among the '''beneficiaries'''. The beneficiaries are the people named in the will to inherit the estate. There can be more than one executor.		An executor is a person named in a will to deal with the will-maker’s estate after they die. The person who died and wrote the will is called the '''will-maker''' (also called the '''deceased'''). An executor gathers up the estate assets, pays the debts of the deceased, and divides what remains of the deceased’s estate among the '''beneficiaries'''. The beneficiaries are the people named in the will to inherit the estate. There can be more than one executor.

	===You don’t have to act as executor===		===You don’t have to act as executor===
Line 103:		Line 103:
	:Web: [https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/financial-legal-matters/wills-and-estate-planning gov.bc.ca]		:Web: [https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/financial-legal-matters/wills-and-estate-planning gov.bc.ca]


	~~----~~
	~~----~~
	{{Dial-A-Law_Navbox\|type=life}}		{{Dial-A-Law_Navbox\|type=life}}
	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

Elena Renderos at 05:49, 29 March 2019

2019-03-29T05:49:27Z

← Older revision		Revision as of 05:49, 29 March 2019
Line 1:		Line 1:
	{{~~Dial~~-~~A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert\|date= October 2018}} {{Dial-A-Law TOC\|expanded = wills}}

	{{Dial-A-Law TOC\|expanded = wills}}
	As an executor, you’re in charge of looking after the will-maker’s affairs after they pass away. Before you accept to act as an executor, you should understand an executor’s duties.		As an executor, you’re in charge of looking after the will-maker’s affairs after they pass away. Before you accept to act as an executor, you should understand an executor’s duties.

Line 87:		Line 85:
	[http://canlii.ca/t/52x69#sec60 The law] allows any child or spouse of the deceased to apply to the court to vary or change the will. There is a 180-day deadline, starting from the granting of probate, for applications to vary the will, plus 30 days to serve the executor with the claim (that is, give the claim to them). So you should wait at least 210 days from the grant of probate before distributing the assets of the estate. Or get consents and releases from each potential claimant. You are responsible if the assets go to the wrong people — you could be sued.		[http://canlii.ca/t/52x69#sec60 The law] allows any child or spouse of the deceased to apply to the court to vary or change the will. There is a 180-day deadline, starting from the granting of probate, for applications to vary the will, plus 30 days to serve the executor with the claim (that is, give the claim to them). So you should wait at least 210 days from the grant of probate before distributing the assets of the estate. Or get consents and releases from each potential claimant. You are responsible if the assets go to the wrong people — you could be sued.

	Our information on [[~~The Disappointed Beneficiary~~ (~~Script~~ 179)\|challenging a will (no. 179)]] explains wills variations claims in more detail.		Our information on [[Challenging a Will (No. 179)\|challenging a will (no. 179)]] explains wills variations claims in more detail.

	===Pay your expenses and fees and distribute the estate to the beneficiaries===		===Pay your expenses and fees and distribute the estate to the beneficiaries===
Line 105:		Line 103:
	:Web: [https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/financial-legal-matters/wills-and-estate-planning gov.bc.ca]		:Web: [https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/financial-legal-matters/wills-and-estate-planning gov.bc.ca]



	~~[updated October 2018]~~

	~~'''The above was last reviewed for legal accuracy by [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert.'''~~

	----		----
	----		----
			{{Dial-A-Law_Navbox\|type=life}}
	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

	~~{{Dial-A-Law_Navbox\|type=wills}}~~

Drew Jackson: Drew Jackson moved page Your Duties As Executor (Script 178) to Your Duties As Executor (No. 178): align with new Dial-A-Law website

2019-03-22T01:05:26Z

Drew Jackson moved page Your Duties As Executor (Script 178) to Your Duties As Executor (No. 178): align with new Dial-A-Law website

← Older revision	Revision as of 01:05, 22 March 2019
(No difference)

Dial-A-Law at 05:41, 22 February 2019

2019-02-22T05:41:29Z

Show changes

Dial-A-Law: /* Finally, pay your expenses and fees and distribute the estate to the beneficiaries */

2018-10-31T23:16:12Z

Finally, pay your expenses and fees and distribute the estate to the beneficiaries

← Older revision		Revision as of 23:16, 31 October 2018
Line 68:		Line 68:

	==Finally, pay your expenses and fees and distribute the estate to the beneficiaries==		==Finally, pay your expenses and fees and distribute the estate to the beneficiaries==
	Before distributing the assets under the will, submit a full accounting of the estate’s financial activities and obtain a release from each beneficiary. Your accounting will usually include a claim for reimbursement of expenses that you paid while serving as executor. You’ll have to decide if you also want to claim a fee for acting as executor. This fee can be up to 5% of the estate (under the Trustee Act) and is taxable income to you. If you want to claim a fee, include it in the accounting that you send to the beneficiaries. If the executor and beneficiaries can’t agree on a fair fee for the executor, the court will set it.		Before distributing the assets under the will, submit a full accounting of the estate’s financial activities and obtain a release from each beneficiary. Your accounting will usually include a claim for reimbursement of expenses that you paid while serving as executor. You’ll have to decide if you also want to claim a fee for acting as executor. This fee can be up to 5% of the estate (under the ''Trustee Act'') and is taxable income to you. If you want to claim a fee, include it in the accounting that you send to the beneficiaries. If the executor and beneficiaries can’t agree on a fair fee for the executor, the court will set it.

	Unless there is only one beneficiary, such as a spouse or child, you may not want to distribute any part of the estate to beneficiaries until you get the CRA clearance certificate. If the whole estate goes to a spouse, and you transfer most of the estate to them before you have the clearance certificate, the spouse will be responsible for any outstanding debts and taxes. The executor usually has a year (called the “executor’s year”) to complete the process, but it can take much longer, especially if the assets or liabilities are complicated, trusts are involved, or you cannot find a beneficiary. There is no deadline to distribute the estate.		Unless there is only one beneficiary, such as a spouse or child, you may not want to distribute any part of the estate to beneficiaries until you get the CRA clearance certificate. If the whole estate goes to a spouse, and you transfer most of the estate to them before you have the clearance certificate, the spouse will be responsible for any outstanding debts and taxes. The executor usually has a year (called the “executor’s year”) to complete the process, but it can take much longer, especially if the assets or liabilities are complicated, trusts are involved, or you cannot find a beneficiary. There is no deadline to distribute the estate.

Dial-A-Law at 23:12, 31 October 2018

2018-10-31T23:12:04Z

Show changes

Dial-A-Law: /* More information */

2017-04-26T23:02:26Z

More information

← Older revision		Revision as of 23:02, 26 April 2017
Line 73:		Line 73:
	*[http://www.clicklaw.bc.ca/resource/1022 Being an Executor] from the People’s Law School		*[http://www.clicklaw.bc.ca/resource/1022 Being an Executor] from the People’s Law School
	*[http://www.nidus.ca/ Nidus Personal Planning Resource Centre & Registry] has detailed information on all aspects of personal planning including fact sheets, forms, and videos.		*[http://www.nidus.ca/ Nidus Personal Planning Resource Centre & Registry] has detailed information on all aspects of personal planning including fact sheets, forms, and videos.
	*BC government websites on [http://www2.gov.bc.ca/gov/content/family-social-supports/seniors/financial-legal-matters/wills-and-estate-planning wills and estate planning] and [wills & estates]		*BC government websites on [http://www2.gov.bc.ca/gov/content/family-social-supports/seniors/financial-legal-matters/wills-and-estate-planning wills and estate planning] and [http://www2.gov.bc.ca/gov/content/life-events/death-and-bereavement/wills-estates wills & estates]
	•Scripts [[Making a Will and Estate Planning (Script 176)\|176]] and [[The Disappointed Beneficiary (Script 179)\|179]]		•Scripts [[Making a Will and Estate Planning (Script 176)\|176]] and [[The Disappointed Beneficiary (Script 179)\|179]]