Practical, real-world information about wills, estate planning, business succession planning and elder law in Canada
Hi Lynne,Apologies for posting here, but I can't seem to find a link to your email. My wife is an only child. Her mother is alive, but father has passed away. Her mother has a 20-year-old will that names her sister-in-law as executor but my wife is now the sole remaining beneficiary. My wife and her mother get along just fine, but her mother is very uncomfortable discussing wills and estates. I have two questions:1. If her mother passes away, her sister-in-law is named as executor. The two are not close and I'm fairly certain that if my wife offered to take on the responsibility of executor, the sister-in-law would have no problem with that. Again, my wife is the sole beneficiary. Is that something that could be arranged through a lawyer if both parties agreed?2. What if the sister-in-law predeceases my wife's mother? There is no other backup executor named in the will. Would my wife be able to petition a court to be named executor or could this be done somehow through a lawyer?We are in Ontario for your reference.Thanks.
My answer to your question was really long, so I made it into a new blog post on Oct 18, 2014. Here is the link: http://estatelawcanada.blogspot.ca/2014/10/if-executor-doesnt-want-job-can-she.htmlLynne