tag:blogger.com,1999:blog-436024129575354145.post1192083949964123497..comments2024-03-24T04:54:52.124-07:00Comments on Estate Law Canada: Can I appoint my lawyer as my executor?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger39125tag:blogger.com,1999:blog-436024129575354145.post-90340116173146970962017-11-07T10:29:16.609-08:002017-11-07T10:29:16.609-08:00Hi Lynne, my mom died suddenly and had no will.......Hi Lynne, my mom died suddenly and had no will....she has a condo which I cutrently lived in and have for 15 years...she owed a great deal in back taxes which I found out after she died...now theres a lien on the condo...I went to a lawyer who advised me not to take executor...I should walk away from the condo...this is my home for 15 years...I have 4 kids who live with me also...could you pleaseNayhttps://www.blogger.com/profile/03125526842116745057noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-8259378046483258502017-08-21T17:57:37.222-07:002017-08-21T17:57:37.222-07:00If the lawyer was part of a firm, check with the f...If the lawyer was part of a firm, check with the firm to see what happened to the lawyer (who may be practicing somewhere else) and to your file.<br /><br />If you don't get an answer that way, get in touch with the Law Society for Ontario. Find out whether the lawyer is still practicing and if so, where. If you find out that the lawyer has died or retired, ask them what happened to his filesLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-86096181027489581422017-08-21T09:17:07.710-07:002017-08-21T09:17:07.710-07:00Hi Lynne, At first I thought this was only 2010 bu...Hi Lynne, At first I thought this was only 2010 but found the more recent posts at the bottom. I had a lawyer make my Will in 2004. I am handwriting a Codecil and have Witnesses who will sign when I finish. I just called the phone number of the lawyer who made the Will in 2004, and number no longer exists. What would happen to the original copy of my Will which he had on file. I have no way of Anonymoushttps://www.blogger.com/profile/02634368157474769675noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-26429867333458104792017-07-25T09:31:03.337-07:002017-07-25T09:31:03.337-07:00Sure he can divulge it, if he wants to. Lots of pa...Sure he can divulge it, if he wants to. Lots of parents, for example, will tell the kids which one of them the parents have chosen as executor. <br /><br />The individual might not want to tell anyone who he has chosen as executor simply because it's nobody else's business. Wills are private documents until they are probated. Or perhaps the person wants to reserve the right to make futureLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-70471123220864009232017-07-25T00:13:11.225-07:002017-07-25T00:13:11.225-07:00Can someone still living, who has a will and selec...Can someone still living, who has a will and selected an executor, divulge the executor's identity ahead of time? (i.e. Ahead of his or her demise?)<br /><br />What might be a reason why the individual would not agree to state to a beneficiary the executor's identity ahead of time?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-7083548729875704012017-05-20T03:53:54.097-07:002017-05-20T03:53:54.097-07:00Since a party can not amend the other party’s plea...Since a party can not amend the other party’s pleadings, he or she can ask for an alteration or clarification in the other party’s pleadings <a href="http://saveulegal.weebly.com/criminal-law-and-bail-applications.html" rel="nofollow">Save U Legal Family Lawyers</a><br />Anonymoushttps://www.blogger.com/profile/12819340383697554523noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-85627577347813263052016-03-08T20:01:50.472-08:002016-03-08T20:01:50.472-08:00Hi Arlene,
I worked for Scotia Trust in Alberta fo...Hi Arlene,<br />I worked for Scotia Trust in Alberta for several years, and therefore I'm not neutral. I can vouch for the hard work and experience of the Scotia Trust folks out there. However, most of the major banks own trust companies (RBC, TD, CIBC, BMO, etc). All will be similar in terms of fees. If you bank at one of the major banks, you might find it easiest to ask at your branch for Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-62812536495170904472016-03-08T12:12:00.620-08:002016-03-08T12:12:00.620-08:00Hi Lynne, Just reading about the trust company rou...Hi Lynne, Just reading about the trust company route as I am setting up my will and have a desire to leave things to them instead of family as they are not local. I live in southern Alberta. Can you recommend a trust company here? Thank you, ArleneAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-26338902406806114182016-02-29T14:02:15.311-08:002016-02-29T14:02:15.311-08:00Hello Lynn. I am just about to settle a divorce w...Hello Lynn. I am just about to settle a divorce with the help of legal aid here in BC. my legal aid lawyer wants a 5% Trust Administration Fee. Do I have to pay this fee? What are some of the easiest way around paying this fee if possible?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-30078776504990097642016-01-23T20:20:23.355-08:002016-01-23T20:20:23.355-08:00If her husband is a lawyer or an accountant, she c...If her husband is a lawyer or an accountant, she can hire him to do the legal work or the accounting work. However, the choice of legal or accounting help should be joint between both executors. If he is hired in one of these capacities, he doesn't gain any rights to the estate. If he is not a lawyer or accountant, I can't see how she could hire him to "advise" her. He can Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-67169736763094030702016-01-23T14:16:02.209-08:002016-01-23T14:16:02.209-08:00Hi I was named co executor with a family member wh...Hi I was named co executor with a family member who is estranged can she hire her husband (also estranged from family )as advisor? If so does he have rights? Anonymoushttps://www.blogger.com/profile/12577776458244895742noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-571763986099987052015-07-27T21:30:10.275-07:002015-07-27T21:30:10.275-07:00If there was no will, there cannot be an executor....If there was no will, there cannot be an executor. However, if your mother has passed away without a will, your brother may be appointed by the court as an administrator. For all intents and purposes, the administrator has the same duties as an executor. It is odd, however, that he would be appointed without you being notified at the time he applied to the court.<br /><br />No, it is absolutely Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-25646652510834887752015-07-27T13:52:53.610-07:002015-07-27T13:52:53.610-07:00my brother is my Moms executar but there is no wil...my brother is my Moms executar but there is no will he says all of her assests go to the government?Is this true and how can you have an executor but no will?Does this mean he can not take all of her assests because there is no will? Thanks Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-90264484958401604432015-06-01T08:59:13.283-07:002015-06-01T08:59:13.283-07:00Thank you so much Lynne, that takes a huge load of...Thank you so much Lynne, that takes a huge load off my mind. My brother is in agreement so the transition will be smooth.<br />Regards, KathyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-21209819040547482712015-05-31T16:38:22.781-07:002015-05-31T16:38:22.781-07:00Yes you would be able to appoint a trust company t...Yes you would be able to appoint a trust company to administer the funds. You wouldn't need your brother's consent, though it would certainly be great if he was on board with the idea. To be clear, what you'd be doing is hiring a trust company to act as your agents. They'd invest money, write cheques, keep the records, do the tax returns, etc. They'd charge a fee for it, of Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-54801140030969869492015-05-31T09:02:45.572-07:002015-05-31T09:02:45.572-07:00Hi Lynne
My father has named me and my cousin as C...Hi Lynne<br />My father has named me and my cousin as Co- Executor and Co-Trustee as trustees for my brother who is on a disability pension. My question, would we be able to appoint a trust company to take over administration of the estate if my brother, cousin and I were in agreement?<br /><br />Many thanksAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-21474937337781920782015-03-15T12:38:25.710-07:002015-03-15T12:38:25.710-07:00Hi Lynne,
These are great posts. I am a CPA and ...Hi Lynne,<br /><br />These are great posts. I am a CPA and I have been appointed as executor. My question has to do with delegating duties to staff. I understand it is me and not my firm who has been appointed. May I assign duties and allow staff to contract on my behalf? (i.e. signing authority on bank account, contract for estate such as funeral and sale of property)<br /><br />thank youAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-48100767738765976592014-11-07T07:05:11.069-08:002014-11-07T07:05:11.069-08:00Hi there,
The person at Scotia Private Client Gro...Hi there,<br /><br />The person at Scotia Private Client Group that you can contact is Joshua Thorne. Here is his info:<br /> <br />Joshua E. Thorne, TEP | Senior Will and Estate Planner<br /><br />Scotia Private Client Group | Scotiatrust | The Bank of Nova Scotia Trust Company<br />4 Hughson Street South, 10th Floor, PO Box 2290, Station A, Hamilton, ON, Canada, L8N 3B5<br />T: 1.905.317.4803Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-44815936032211881502014-11-05T11:46:37.149-08:002014-11-05T11:46:37.149-08:00Nov.5.14
Thank you very much for your most inform...Nov.5.14<br /><br />Thank you very much for your most informative and helpful site. You certainly are providing a real service to many, including me.<br /><br />If possible, as you had offered to a previous comment writer, I would much appreciate the name of a local trust company/individual who could provide me with Will Executor assistance. I live in St. Catharines, Ontario. <br /><br />ThankAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-61723956611445908052014-02-05T15:47:01.724-08:002014-02-05T15:47:01.724-08:00You're right, it's not easy to tell. Most ...You're right, it's not easy to tell. Most people don't know the difference, and that's why I wrote the post in the first place.<br /><br />On your mother's estate, it might be alright for the lawyer to charge both trustee fees and legal fees, depending on what he did for the estate. He can't charge both fees for the same work, of course. He can only charge legal fees for Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-54170006219254690002014-02-05T15:32:17.797-08:002014-02-05T15:32:17.797-08:00I've administered many estates through my law ...I've administered many estates through my law practice, and have worked for a leading trust company for 6 years, so I have experience in both options.<br /><br />In my opinion, it is BY FAR cheaper to hire a trust company. Your fee will be a flat rate calculated on the value of the estate. There is no charging by the hour. There are several people you can talk to or deal with, instead of justLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-26922169114986642362014-02-04T09:08:04.040-08:002014-02-04T09:08:04.040-08:00Thanks Lynne. My mother lives on the other side of...Thanks Lynne. My mother lives on the other side of the country from the rest of our family and was trying to decide between a Trust Company and her lawyer as Executor. She asked the lawyer what would happen if he left the law firm or the firm ceased to exist, and he dodged the question. He chose not to make it clear that he would be acting as an individual and not as a member of the firm. He had Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-71958286422821715792013-08-26T11:31:23.467-07:002013-08-26T11:31:23.467-07:00Thanks Lynne! Yes I agree this could be tricky sit...Thanks Lynne! Yes I agree this could be tricky situation. Could I offer services as an individual? Although I am capable of doing the probate applications, I think I would still refer to a lawyer for this service. I want to act as an individual who has appropriate experience and education for the position of executrix. We often encounter clients who don't have a large enough estate for Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-27355396951238079322013-08-25T07:11:14.784-07:002013-08-25T07:11:14.784-07:00Obviously if you're thinking of starting a bus...Obviously if you're thinking of starting a business, you have a ton of research ahead of you, but I'll toss in a couple of thoughts, as follows: in Canada, only individuals and trust companies are legally allowed to be named as executors, so you'd be working on an agency basis. Some provinces specifically restrict applications for probate being prepared by anyone other than the Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-27086446844186174342013-08-22T09:45:08.212-07:002013-08-22T09:45:08.212-07:00Hello,
I am a law clerk working for my father'...Hello,<br />I am a law clerk working for my father's small practice. He is quite elderly and has been named as Executor for some of his clients. He was considering offer me as a substitute for people who don't have many other options (while also advising them of trust companies etc.). I was considering starting up my own Executor Services business once he retired. Can you see any Anonymousnoreply@blogger.com