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Saturday, September 4, 2010

Why do residuary beneficiaries sign a release?


When the executor of an estate has finished cashing in assets and paying bills, has filed the tax returns and is ready to pay the beneficiaries, he or she will send the residuary beneficiaries a set of financial statements. Along with the statements will be a Release. If the executor is doing things properly, no residuary beneficiaries get their money until all of them have signed and returned the Release to the executor.


So what is the legal effect of that Release? What is the beneficiary really doing by signing it?


The financial statements that come with the Release are intended to give a full, accurate picture of all of the financial transactions the executor has done on behalf of the estate. The beneficiary should be able to tell from the statements what happened with every asset of the estate (e.g. the deceased's home was sold for $x and the money was put into the executor's account). The statements should show what was spent on the funeral, legal fees, accounting fees and other expenses. The beneficiary is entitled to ask for more detail if he or she believes that to be necessary.


By signing the Release, the beneficiary is approving of the financial statements and all that they contain. Releases will often refer to a time period, usually beginning on the date of death and continuing up until the day the Release was sent to the beneficiary. In those cases, the beneficiary is approving of everything the executor did during that time period. Sometimes in more complicated estates there will be more than one set of financials, perhaps with the second set a year or so after the first, but in most estates there is only one.


By signing the Release, the beneficiary is saying that he or she is satisfied with everything the executor has done. He or she is agreeing in writing that everything is fine. The beneficiary can not later come back and find fault with the accounting, for example by saying that money is missing or that the house was sold for too little. The beneficiary is signing off on it and can't later change his or her mind.


This protects the executor from anyone coming back later and beginning a legal battle over something in the estate. Beneficiaries also benefit from it because the executor, who wants the Release to be signed, will usually provide a thorough accounting that answers all of the beneficiaries' questions.


A beneficiary does have the right to have the accounting looked at by an accountant or a lawyer before signing the Release, though most do not. Every case is different and the beneficiary should take his or her time to read the accounting thoroughly before signing the Release and returning it to the executor.

63 comments:

  1. Your site was very helpful reading about full financial estate accounts, signing a release etc. I live out west and have a sister living out west too, I have 2 brothers living back east in ontario. Have not had contact with both brothers for 20 plus years. My father loved all of us each in our own ways. He passed away last summer and I still haven't seen the will, however know that we are all listed as four equal beneficiaries. They both cleaned out my dads place and my sister and I received nothing, or a list of its contents, we know he had a safety deposit box, a savings, checking and RRIF accounts.
    I was told that they don't know my dads lawyer and they think she doesn't even retain her office anymore?
    They are asking me and my sister for bank account numbers so they can give us our share. It seams pretty sudden as its only been 90 days since death.
    Ive not given my bank #, signed a release, or seen any financial documents which I'm hoping to see. My question is how can I find out the truth about what my dad really had, and can they both just keep what ever they want? Can they produce financial documentation with things missing from it>? Who watches the executor? Thanks

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  2. Does an executor also have to sign a release form if they are also a bennificary

    ReplyDelete
    Replies
    1. No, they don't have to. The purpose of the release is to indemnify the executor, so if the executor feels there is no risk in not signing one himself, that's his choice.

      Lynne

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  3. my husband is executor of the will with his elder sister but has no access to the house key and garage is he allowed to the have the keys to the estate the day of his mothers death . the sister is renting the house to her daugher is that a problem


    thank you Doris

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    Replies
    1. Hi Doris,
      I answered your question in a new blog post: http://estatelawcanada.blogspot.ca/2013/04/one-co-executor-has-rented-out.html

      Cut and paste that into your browser :)

      Lynne

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  4. What do we do if the trustee has not updated us for the past 4 plus yrs...we have request updates but non given...now we are being told to sign release with very little info given...

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    1. I'd be hesitant to sign the release too. I would suggest that you make a detailed list of what you need to know. For example, don't just say "this isn't enough"; ask specific questions such as "where is the deposit from the sale of the house?". If you and the other beneficiaries want to do this together, you certainly can. Send the list - politely but firmly - to the trustee and say that you'll be glad to sign the release once you have a more clear picture of what's happened in the estate. If this doesn't work, you may have to hire a lawyer to send the request.

      Lynne

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    2. residue are also about estate airlooms.... you get 0% of the estate but are granted residue rights..... the old familiy farm house where the bother still wants his fathers house....
      residue have dibs on the sale assets.... or let say wedding rings.... you cant just take them can you.... it belongs to the residue...unless it was let go as a gift.... now can the excutor just sell things no.....
      can the exscutor hid behind a living will... no.... its a will before death.... its not an accident death Will its will made by surrender...i cant do this any more...... i belive you get a copy of the will before death this way.... the deeds are set and cant be changed... a living will....your mother is 90 and the will must be distributed.... someone has taken control of a deed on root.... this where thieft happens the will is not distributed and the trustee sell off estaste residue without you knowing...like the house where they claim your mother wanted to sell and buy but she is no longer able... they do it suck out estate fees or flip and buy things the more they do the more returns they make...
      5%

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    3. Where do I get a Release Form to give to the beneficiaries of the estate I am executing? Also, is there some generic form for the accounting of the estate.

      Thank you.

      Delete
  5. Is there a standard release form ? I have obtained one from my Estate lawyer and one of the beneficiaries will not sign - as the form states "Received" and her take is that she has not received the funds, so her lawyer has changed it to "to be received" and added in codicil items. I don't want to accept it with those changes, as it is not a clear release for me, as executor. Can you help?

    ReplyDelete
    Replies
    1. I answered your question on a new blog post - here is the link: http://estatelawcanada.blogspot.ca/2014/11/beneficiary-and-executor-at-stalemate.html

      Lynne

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  6. Thank you Lynne Butler!,
    I am one of four beneficiaries, in a fairly simple an hopefully straightforward settling of late mother's estate, only one property involved, but a sibling benficiary and the executor told me that taxes an other costs will taken out of my share of estate property sale. I don't think that's fair or equal, as the will states property to be left to myself and 3 siblings. I am seeking equal share after taxes an other expenses paid out from estate sale. To me it seems that executor an sibling beneficiary came to an agreement to make me shoulder all associated costs of taxes an other expenses, which is to me underhanded? and kinda shady dealing compelling me not to sign any release an maybe force a passing of accounts thru the court system?

    ReplyDelete
    Replies
    1. Have you actually had a chance to read the will? You said it leaves the estate to four of you equally, but what else does it say? Are you all residuary beneficiaries? Are you receiving a different kind of share, such as getting real estate while the others take cash? While it would be pretty unusual for one beneficiary to pay all of the taxes and costs, it's not impossible.

      If the will does not specifically say something to the effect that you are to cover the costs and taxes, then the estate falls back on the general rule, which is all of that should be paid out of the residue of the estate before anyone receives a share (this would result in equal shares to all).

      Keep in mind that there are other rules and laws that interact with the will and can affect who pays taxes.

      If the executor and one beneficiary came to an agreement that you are to carry all these costs, they are mistaken. They are not entitled to that.

      Lynne

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  7. My sister is the executor. On November 20th we were to meet and have the release signed. Then she decided to complicate our situation and place demands on when I could go, and that my husband was not able to come with me to look over the form. Since then I have contacted the estate lawyer and accountant and neither will provide any information on how I can see the accounting information before signing the release. The lawyer told me to contact the executor or accountant, the accountant told me to contact the executor or lawyer and my sister is telling me to contact the estate lawyer. My sister has had her OSAP paid off (20, 000) and other then my sister taking her 5% (which I am fine with and agree with), each grandchild (2 each) receives money for their RESP the will is being split between the two of us. What are my next steps?

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  10. Hi, Lynn, great blog, I've heard that due to recent changes in the lawin the province of Ontario, it is no longer necessary for beneficiaries to sign a release receive their bequeath. could you please confirm if this is true.

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  11. Does the "Release of Estate Trustee" require notarization by a notary public?

    Thank you.

    ReplyDelete
    Replies
    1. As a general rule, no. They are different in each province, but usually they do require a witness who would then sign an affidavit of execution. Usually those do not require a notary unless the beneficiary who is signing the release lives in a different province than the estate.

      Lynne

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  12. Hi Lynn, I am one of four children beneficiary of our mothers estate. My brother and sister are executors. I have been forwarded a final draft which has my other 3 siblings named on a 4 way equal split of the estate however my share of the split has not named me and is left blank. I have been requested by the lawyers to sign a indemnity stating as a beneficiary that I agree to the draft and for the funds to be distributed.

    I have previously requested that I be named on the draft, a new draft was drawn up including my name withe my siblings and the total amounts of the 4 way split, but when the indemnity request for me to sign was sent to me by the lawyers it contained the original draft which didn't include my name.

    I have decided not to sign and seek legal advice, any thoughts on my situation would be appreciated

    Thank you

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    Replies
    1. You haven't said which document you received in draft, but from the context I'm assuming it was some form of Statement of Proposed Distribution.

      I wouldn't sign it either if it didn't state what I was supposed to be getting.

      Most likely, someone in the law office accidentally included the earlier draft of the document rather than the latest one, but it does need to be correct before you sign it.

      Lynne

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  13. do not sign anything if you are not satisfied . The POA for our step mom has never produced accounts of over ten years ; he became executor , we asked for accounts as POA he died how do we know he handled the affairs properly. How do we know the starting inventory is correct? He died and conveniently his executor does not want to probate his will. How stupid are we? Signing releases is condoning all this scull duggery. The estate of my step mom was really my fathers estate. She signed over 2 million into joint account using a POA. Now her POA does this. The POA act in Nova Scotia is deplorably wanting dig in your heels don't sign unless you just are willing to give up. that is what they are hoping for in this case as we will as we are fed up with litigation and corrupt POA. He was convicted of fraud and forgery many years ago. One way to stop a POA from doing this is ask for an accounting when tour lovrd one is still living. tell the POA what you suspect them of that will make them realize you are on to them. Be point blank matter of fact. Do the same with the estate thing Trust no one--- no one follow your gut instincts . We have been given instincts to protect ourselves.

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  14. Hi Lynne

    I am the Administrator of an estate, and the will states that 2 individuals are to receive $5,000 each. Do you advise that they sign any sort of Release before I pay them the money (they are not beneficiaries), or just send them a cheque. Many thanks, love your blog!

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    Replies
    1. Hi Karen,
      They are beneficiaries if they are named in the will, but they are not residuary beneficiaries.

      If the will is a decent, well-written will and there is no question about the identity of the beneficiary or the amount of the bequest, and the debts and taxes of the estate have all been paid, there is likely no reason for you to just write a cheque.

      Whether or not you get any particular beneficiary to sign a release is always a decision made after looking at the risk of not having them sign one, and the benefit of having them sign one.

      I can tell you that in most cases, executors don't get releases for small bequests like $5,000. They feel that there is little risk because their entire exposure is $5,000. Others like to have releases anyway, especially if the beneficiary is someone who has been difficult to work with during the estate.

      Lynne

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    2. Thanks for your quick reply, Lynne. Your point is taken, regarding the status of the beneficiaries. Although the will is written well enough, given that I do not personally know these two individuals, I think I will have them sign a release, just like the residuary beneficiaries will need to do (don't want to risk my own $10k).

      On another note, I've been trying to find (google) samples of what goes into an executor's accounting (loved your blog dated Aug-30-2010) but do you know of any samples to share? I'm not quite sure about the format to present the info in (yes, I'm a total newbie). THX! :)

      Delete
  15. Hi Lynn,
    I am the sole Executor/Trustee for my brother's Estate. I have to hold his house/farm in trust for his grandson until he turns 25 (20 years from now). After I pay out the specific amounts to the beneficiaries, I have to set up a trust fund to maintain the house while it is rented out. When I hand over the house, the House Fund Trust is to be distributed to his 5 children/step children. My first question is when do I distribute the residue, after the bequeaths are paid and the House Fund set up or after I hand over the title to the house to his grandson? If it is the latter, do I have to wait the 20 years to take my fees or can I take it over several years?

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    Replies
    1. Obviously I haven't read the specific will, but it sounds as if you should be distributing the residue as soon as you set up the trust and the House Fund. The fact that there is a house fund suggests that your brother considered what would be needed for the upkeep of the farm and wanted the rest to go to the other beneficiaries. However, if for some reason the grandson does not make it all the way to age 25, you will have to do another distribution at that time.

      As for your fee, you can take your executor's fee once you have set up the trust and the fund.

      Lynne

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  16. Lynne,
    We are trying to settle estate between three siblings. Sibling/executor wants us to sign release stating all of us are responsible for any future indemnity against estate. She states her lawyer states it is standard for all beneficiaries to take responsibility for her estate management. We don't agree, will not sign. What are our options?

    ReplyDelete
    Replies
    1. The beneficiaries are not responsible for the estate management. However, it is common that in releases, the beneficiaries are asked to accept responsibility for paying back their portion of taxes if it turns out that there are further taxes on the estate. This should only even be in question if the executor is distributing the estate before getting a tax clearance certificate. So if the indemnity you're being asked to accept is for taxes, it's not unusual, but anything else is.

      Lynne

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  17. My brother and I are co executors of our mother's estate. Assuming we both withdraw equal amounts from the estate account and leave ample money to cover any future expenses is there any reason we need to sign releases. Our lawyer recommends it but it seems silly to me.

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    Replies
    1. I would probably advise signing them too. You and your brother are getting along now, but things change.

      Lynne

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  18. Lynne,
    I am one of a few beneficiaries of an estate in Ontario. A portion of my mother's estate has been held awaiting clearance certificate from Canadian Customs and Revenue. My sibling is the estate executor. Her lawyer wants to distribute a partial distribution for of the monies including paying all taxes and fees due, their legal fee, and the executor full compensation (5%). I have been requested to sign a "Release of estate Trustee with a will". While the lawyer letter makes reference to a partial release,The release document itself states I am "..to release, quit claim, and forever discharge the trustee..from any and all action".
    My question:
    If only partial payment is being distributed, and there is more to be collected from CCR,
    1) shouldn't the release be a partial release in accordance with a "partial" payment.
    2) If I do sign it, and release the trustee (my sibling) who follows up on the balance.
    3) Who will CCr release the monies to ? and if to the trustee, does she still have the legal responsibility to distribute those remaining funds
    4) If its only a partial payment, shouldn't trustee only get a portion of her compensation

    ReplyDelete
    Replies
    1. The release should only be effective to the date it is signed and should not release the executor for things she hasn't done yet. You can ensure that the release says this.

      Signing a release is a standard step at this point in the proceeding but you are right to be careful about it.

      Your signing a release doesn't change the fact that the executor is in charge of the estate and must follow up with CRA, acquire the money when it's released, and distribute it according to the will. Your Release approves of what the executor has done so far but doesn't amend her responsibilities.

      The issue about compensation is something to be negotiated. If you have a problem with the executor receiving it all at once, then you should raise it with her and see if you can reach common ground.

      You can always take the Release, along with the accounting that is supposed to have been sent along with it, to a lawyer to talk about your concerns. The lawyer would likely help you with any wording that is to be amended, as I don't recommend that non-lawyers try to amend legal documents.

      Lynne

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  19. Yes l agree with you. First you need independent legal advice .The Estate should pay for that but you probably will. I checked out releases it is just another form of agreement and you can negotiate the terms to suit the situation. There are as well generic releases. This is your sister the executor hoping you do t care about the details and6 just want your cheque. Have you had an accounting from the Estate? Has the tax clearance certificate been issued. Ask what if any remaining balance you nmuch
    Might expect to receive.

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  20. Thanks Lynn. That clarify for us a release up to the date of the signing of the release. Anything that still remains to be done ie final payments is not included in that release. Thanks.Yes l would need a lawyer who knows the legal aspects to navigate that.

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  21. My Wife is a beneficiary for her grandmother's estate, and has not received anything yet. Her aunt, the estate trustee, just sent us a Release of Estate Trustee form that she expects all the beneficiaries to sign and notarize. In your post, you mention that the Release should include statements, and a detailed explanation of where the money has been going. My issue is that the Release that was sent includes no information whatsoever, and my wife has been given no indication as to how much she will be receiving. Can you provide the references for the information that you provided, and perhaps some advice on how to proceed?

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    1. Hi Christian,
      No, sorry I can't provide the references. I simply don't have enough hours in the day to do legal research - especially not free research! I can say that you will be relying on case law more than statute law.

      Your wife is entitled to an accounting before she signs a release. She should make a written request for this from the executor. I assume the executor is not working with a lawyer because otherwise he wouldn't be making such a big mistake as sending out releases in this manner.

      Try the request first. If it ends up in a stalemate, you will end up hiring a lawyer to do a passing of accounts.

      Lynne

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  22. Is there a sample of what a release form should be?

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    1. It actually depends on where you live. Some provinces require releases to be in a certain form. In those provinces, you can find the form in the Rules of Court. In other places, there is no prescribed form that must be followed, so the lawyers develop their own.

      Lynne

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  23. My mother died 24 years ago. My brother and I were executors. We have signed releases from all beneficiaries. My mother owned 2 empty cemetery plots which were transferred into three of five siblings names, the remaining two siblings lived out of town - one of them across the country. Her intention was to use them as needed for any family member. Now, 23 years after signing a release the sibling who lives across the country has decided to contest the deeds to the cemetery plots. We have offered him the right of internment in them but are reluctant to add his name to the deed on the advice of the people at the cemetery as they have said multiple names complicate matters. Does his signed release and the passage of 23 years make his actions frivolous? Does he have a leg to stand on? He is not a reasonable person and has often been involved in litigation with neighbours and his ex- wife.

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    1. It's not clear to me whether your mother transferred the plots or the executors did, since you are talking about her intention. If your mother did that herself, then the releases have nothing to do with it.

      If the plots were transferred by you and your brother as executors, then your litigious brother is bound by the release.

      Lynne

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    2. The executors transferred the plots a year after the release forms were signed upon the request of one of the beneficiaries, our sister, whose husband had been buried in one plot in 1965 and she wanted one for herself in the future. The remaining two empty plots were transferred out of the estate at the same time for reasons I can't remember after 23 years. Four plots with our grandparents and parents already in them were left in the estate and remain there today. This distribution did not follow the direction in the will that grandchildren would receive 15% of the estate and the remaining 85% would be distributed equally to the five siblings. Our brother now wants one of the empty plots that is no longer in the estate and that can hold a maximum of three cremations to be transferred into the names of 11 grandchildren and all five siblings names to be put on all remaining plots, 7 in total, 1 that is empty and 6 that have one burial in them. Is there not a statute of limitations on this? 23 years have passed since the plots were transferred with all beneficiaries being aware of and verbally agreeing to what was happening. The 4 plots that remain in the estate have the bodies of our grandparents and parents in them and they are the only ones that the executors still have authority over. So our brother's request that the executors authorize the cemetery to transfer ownership of an empty plot to the 11 grandchildren is not within our power as they haven't been in the estate for 22 years. Any advice/suggestions you may have would be greatly appreciated.

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  24. Hi Lynne,

    My grandmother passed away a few years ago. My uncle was her executor of her estate. He passed away prior to having completed her will. His children are now responsible to sign on his behalf, 2 of the 3 have and one is refusing and so is one other person in the will. We were informed can't proceed with distributing fund until everyone has signed. Now they are sending threatening letters from lawyers stating they are going to take over her estate, and threathening court. They also say we can pay specific beneficiaries even if they all haven't signed? Is this true? doesn't everyone have to sign before money can be released? We are so ready to be done and move on with our lives.

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  25. Curious they must have a reason for not signing. Is the reason negotiable? We are in a similar situation but are the ones not signing for a good reason.we are willing to negotiate with the other beneficiaries.

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    1. This is an excellent point that is surprisingly overlooked in a lot of cases. A bit of discussion often allows people to get down to the real problem that's causing someone to refuse to sign. Sometimes all that's needed to resolve the issue is a bit more information. In other cases there really is an issue and some negotiation can solve it.

      Nobody should be charging off to court (or threatening to) without even knowing why the beneficiaries don't want to sign.

      Lynne

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  26. Where can I download a blank copy of the release form for the beneficiaries to sign before receiving their inheritance? thank you

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    1. Hi Anne,
      There is no standard form of release that is accepted everywhere. Some provinces have a form that is mandated by law. In the others, the lawyers make up releases that fit the local law and situation.

      Lynne

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  27. Where can I find a template of the release form to use? We (hubby and I - Executors) did not have granny’s will probated as she was 95, the estate is only $35,000, no property or possessions as she was in hospice when she passed away. The CRA has cleared everything so we need to distribute but wonder do I need to provide an accounting to beneficiaries and if so, where can I get a template of the release form and how detailed does the accounting need to be?

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    1. There is no such thing as a template release that is used everywhere. Some provinces use releases in a form set out in their rules of court. Others don't have a set form so the lawyers make up releases that comply with the situation and the law.

      For more information I can refer you to my firm's website at www.butlerwillsandestates.com where you can find a kit called "Preparing an Executor's Accounting" for $30.

      Lynne

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  28. I am a beneficiary in a will that places the deceased's house and contents in a "Life Estate," which grant a sibling occupancy until they choose to terminate the Life Estate. When the Life State is terminated, the house and contents are to sold and the profits shared by all siblings. Does the sale of the house and/or its contents become a residue of the estate? I ask because I have received a release letter with a clause that forever discharges the executors from any claim related to the residue of the estate.

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  29. Hi there. I was given a release document to sign off only for the money my parents (dad) had in insurance and other investments for a few thousand dollars. In the wording of the release it sounds like once I have signed the release I would be releasing my brother, who is the Estate Trustee from any and all claims which I may have or have in respect of my fathers estate in respect of the sum indicated. My parents home has not been sold yet but is on the market. I feel that when reading this release it sounds like I would only be receiving the money indicated on the document and wouldn’t then receive anything more after the house is sold. I hope I’m wrong.

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    1. A release should only cover the time period up to the date of the release. I say "should" because sometimes people do mess with the wording without realizing the significance of it.

      The release should have a date on it, and should in the body of the document refer to transactions "to the date of this release" or something similar. You would be approving of all the actions of the executor up to that time, but not beyond.

      If the release was correctly worded, it should have no impact on future assets of the estate.

      Lynne

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  30. Hi there. I was hoping there was a way to contact you by phone?

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    1. You can call my office at 709-221-5511. If you are calling for legal advice, either Matthew or Chelsea who answer the phone will schedule a time for you and I to speak. I do not give out free answers on the phone, though. The cost of a phone consultation is $400, which you'd pay be credit card or e-transfer at the beginning of our scheduled chat. We usually allow for an hour so that we can adequately cover the topic. Once the time is scheduled, you can send in documents for me to review before the call, if you wish.

      Lynne

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  31. Is there such a thing as an acceptance release form signed by each beneficiary before the will goes to the lawyer saying you accept the terms of the will? This is being proposed by an executor to have each beneficiary sign that they accept the terms of the will in advance.

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    1. That would certainly be an unusual step. In all the years I've been in this industry I've never asked for that on behalf of an executor, nor have I represented a beneficiary who was asked to sign one.

      That doesn't make it wrong, though. I suspect that what's happening here is the executor is only willing to do the job if he knows ahead of time there is not going to be any fighting. I can see his point.

      I have a problem with calling that document a release. I do not agree in principle with anyone being released or approved of something before they even do it. Then you have no recourse if they are negligent or fraudulent.

      If I were representing a beneficiary in this situation, I would be ok with my client saying he/she agrees with the terms of the will, but I would not be ok with releasing the executor of ANYTHING. How would we know the executor would handle the estate properly or quickly?

      I like this question and I think I;ll make a blog post from it :)

      Lynne

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  32. Dear Lynne:

    Further to this topic. We have signed a release for an interim distribution. The executor refused to provide details regarding a number of issues such as missing bank account balances, expenses etc. He actually refused to answer any questions but because our legal bill was approaching $85,000 so we decided to sign and get phase one over with because the other beneficiary was desperate for cash being partially disabled. The executor is a lawyer in Vancouver and our lawyer said he could not compel the executor to give answers to our questions and the executor has a remaining hold bank for CRA, TBDs and legal fees. May we send that final distribution to the registrar for passing of accounts? Mainly because we would like to know the answers to our questions and the executor won't provide them. Thank you in advance.

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  33. Hello i was wondering what does it mean to sign off as the beneficary does that mean you give up all right to the will and whatever is left from the one that passes away??

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    1. I suppose that depends on what you are being asked to sign. The usual situation is that a beneficiary is asked to sign a release of the executor. Hopefully this is what you've been given.

      No, this does not mean that you give up your right to your inheritance. Absolutely not.

      The release means that you approve of what the executor has done with the estate and that once you receive your inheritance, you will not raise any issues or complaints about the executor. It legally bars you from doing anything in the future against the executor for his or her running of the estate.

      Lynne

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  34. Hi Lynne, great blog and very informative. I am the executor for my father's estate which is nearing distribution after my CRA clearance is granted. My question is where or how can I find these beneficiaries release forms specific for Canada if I want to DIY?

    Thanks

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    Replies
    1. There are no release forms specific for Canada, because all probate matters (except tax) is provincial. Some provinces have a form of Release that is required under their provincial laws. Other provinces don't have mandated forms, and in those provinces lawyers draft releases that in their opinion do the job.

      Lynne

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  35. My mother passed away a year ago. My sister who is executor refuses to provide any supporting documents to substantiate her accounting. Ho can beneficiaries know that they are receiving what they are entitled to

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    1. The only way they could know is by reading the accounting.

      Most of the time, an executor provides an accounting that is a list of all transactions without the supporting documents all attached. That's okay, as long as the accounting answers all of the beneficiary's questions. But if the beneficiary asks for the supporting documents, the executor should provide them. A residuary beneficiary has the legal right to receive a response to reasonable questions about the estate, which in my opinion includes seeing supporting documents.

      I wonder why she won't provide them? Has she given a reason? Is it just a blanket refusal to provide anything, apparently just on principle, or is it because she believes she has already provided enough information?

      I've seen this sort of argument bog down an estate for months and months, and once the parties end up in court to break the deadlock, they are all broke and pissed off. I hope you are able to resolve it before that happens.

      Lynne

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