What if the deceased did not leave funeral instructions and family members cannot agree on the arrangements?

July 11th, 2018

It is not uncommon to have disagreement amongst family members about the funeral and how much money to spend on it. The funeral can be a contentious issue and can set the stage for continuous friction amongst family members throughout the estate settlement process.

Obviously, there is no time for much debate on funeral arrangements. If […]

How can an executor prevent themselves from being exposed to Liability?

July 11th, 2018

There are no guarantees that something cannot go wrong during the estate settlement and that the executor may be held responsible.

The risks associated with the role of an executor are substantially reduced if the executor recognizes their fiduciary responsibility and conducts the estate settlement using the principles of good governance.

If an executor feels incapable of […]

What is the difference between an executor and a trustee?

July 11th, 2018

A trustee is a person appointed to manage all or part of the deceased’s property for the benefit of others e.g. for the beneficiaries named in a Will. An executor or court appointed Administrator is trustee of the deceased’s estate. Trustees have “fiduciary responsibility”, meaning that by taking control of the deceased’s property, they must […]

What if an executor starts the estate settlement process but part way through, realizes they cannot continue and must resign?

July 11th, 2018

In order for an executor to resign after the probate has been granted, but before the estate has been settled, the executor must make a court application requesting approval for their resignation and a replacement. If the resignation is not formally approved by the Court and there are problems with the estate after the executor […]

Does QuickEstate™ provide a probate application package?

July 11th, 2018

QuickEstate™ does not probate application forms for the following reasons:

1) The probate application process and the required forms vary widely across jurisdictions (province to province, state to state, even county to county), so it is impossible to create a “one size fits all” probate template.

2) The circumstances of each estate are unique, so each estate requires […]