What if a beneficiary cannot be located?

July 11th, 2018

Missing beneficiaries can be located with the help of family members and other beneficiaries. Information on the person’s whereabouts may also be found amongst the personal papers of the deceased. Old neighbours may also know the person’s new address.

Private investigators may also be retained to locate a missing beneficiary.

Any costs associated with locating a beneficiary […]

How can an executor deal with family friction?

July 11th, 2018

It is quite common to see friction amongst family members when it comes to settling an estate. Past grievances amongst family members often reach new heights when Mom or Dad passes away and there are assets to divide up.

Under such circumstances, it is essential for the executor to maintain an impartial, evenhanded stance. They cannot […]

What if a beneficiary named under a Will predeceases the deceased?

July 11th, 2018

If a beneficiary dies before the deceased and there is no contingent beneficiary named in the Will, their gift will lapse. If the gift lapses, it is treated as an intestacy, i.e. distributed to surviving family members according to provincial or state rules of intestacy.

 

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Can a Witness to the Will also be a Beneficiary?

July 11th, 2018

This is a question that may require legal advice, which QuickEstate™ does not offer.

As a general rule, a witness to a Will cannot also be named as a beneficiary under the Will. If, however, it can be demonstrated to the Court that there was no undue influence on the deceased by the witness/beneficiary, their gift […]

What position should the executor take if a beneficiary makes a Dependent’s Relief Claim?

July 11th, 2018

A Dependent’s Relief claim may arise when a person(s) who was dependent on the deceased for financial support was either not named in the Will or not adequately provided for under the Will.

If it appears that a dependent has not been treated fairly, the executor must remain completely impartial and recommend that the beneficiary seek […]

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