Can I delegate administrative tasks to family members or hire an administrative assistant to help out?

July 11th, 2018

Unless the Will prohibits delegation, there is no reason why the executor cannot enlist the help of family members or hire an administrative assistant.

But at the end of the day it is the executor who is responsible for all aspects of the estate settlement. If a well-meaning family member or an administrative assistant makes an […]

What if the Will does not give the executor the power to delegate or hire agents?

July 11th, 2018

An executor can typically retain the services of lawyers and accountants to assist with the estate settlement. If the Will is silent on delegation to other agents, such as investment advisors, and other specialists, the executor may have to seek legal advice and make a court application to obtain permission to delegate the work.

 

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What if the beneficiaries ask the named executor to renounce their role?

July 11th, 2018

The executor was appointed to the highest position of trust by the deceased who was relying on them to settle the estate in good order.

If some or all of the beneficiaries are insistent that the executor renounce, they must seek their own legal counsel and the matter will be brought before the Court. This is […]

If the executor has to resign part way through the settlement process, are they still eligible for compensation?

July 11th, 2018

Absolutely. The executor is eligible to have all of their out of pocket expenses covered as well as their time. The fee for the executor’s time may be pro-rated in terms of how much of the job they were able to complete against the fees prescribed in the Will or in legislative guidelines.

 

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What if the executor fees prescribed in the Will are inadequate given the amount of work involved?

July 11th, 2018

If the executor can tell, in advance, that a) the estate is going to involve an inordinate amount of work, b) the executor fees listed in the Will cannot possibly compensate them for their time, and c) they have concerns that the beneficiaries will not be willing to vary the fees, they have two choices: […]