tag:blogger.com,1999:blog-436024129575354145.post5888130631759954040..comments2024-03-24T04:54:52.124-07:00Comments on Estate Law Canada: Why do residuary beneficiaries sign a release?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger63125tag:blogger.com,1999:blog-436024129575354145.post-56757281929693603722019-11-22T21:31:57.070-08:002019-11-22T21:31:57.070-08:00The only way they could know is by reading the acc...The only way they could know is by reading the accounting. <br /><br />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 Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-82944927750180972852019-11-21T17:46:15.798-08:002019-11-21T17:46:15.798-08:00My mother passed away a year ago. My sister who i...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 toAnonymoushttps://www.blogger.com/profile/05845413896825071746noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-80564948971508788932019-02-22T06:53:23.953-08:002019-02-22T06:53:23.953-08:00There are no release forms specific for Canada, be...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. <br /><br />Lynne<br />Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-77828787705863140622019-02-19T17:35:27.482-08:002019-02-19T17:35:27.482-08:00Hi Lynne, great blog and very informative. I am th...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?<br /><br />Thanks Anonymoushttps://www.blogger.com/profile/07396604328368451409noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-71798343734388278602018-10-25T16:18:43.973-07:002018-10-25T16:18:43.973-07:00I suppose that depends on what you are being asked...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.<br /><br />No, this does not mean that you give up your right to your inheritance. Absolutely not.<br /><br />The release means that you approve of what the executor has done with the estate and that once Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-1595705956187319592018-10-24T07:43:14.482-07:002018-10-24T07:43:14.482-07:00Hello i was wondering what does it mean to sign of...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??Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-34221275655786355512018-10-21T09:45:03.932-07:002018-10-21T09:45:03.932-07:00Dear Lynne:
Further to this topic. We have signe...Dear Lynne:<br /><br />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 Anonymoushttps://www.blogger.com/profile/16081105860622968221noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-80878014861169737912018-09-28T09:35:00.390-07:002018-09-28T09:35:00.390-07:00That would certainly be an unusual step. In all th...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.<br /><br />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 Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-38146809798719234622018-09-28T09:26:40.832-07:002018-09-28T09:26:40.832-07:00A release should only cover the time period up to ...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.<br /><br />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 Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-75419153084581386802018-09-28T04:41:59.167-07:002018-09-28T04:41:59.167-07:00Is there such a thing as an acceptance release for...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. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-18766441093891129522018-09-26T19:57:01.387-07:002018-09-26T19:57:01.387-07:00You can call my office at 709-221-5511. If you are...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 Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-54108396513804889442018-09-25T11:56:31.237-07:002018-09-25T11:56:31.237-07:00Hi there. I was hoping there was a way to contact ...Hi there. I was hoping there was a way to contact you by phone?Anonymoushttps://www.blogger.com/profile/07718385255060647924noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-17714944670852130902018-09-25T11:48:39.181-07:002018-09-25T11:48:39.181-07:00Hi there. I was given a release document to sign o...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 Anonymoushttps://www.blogger.com/profile/07718385255060647924noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-60492752578094189152018-08-15T07:20:44.696-07:002018-08-15T07:20:44.696-07:00I am a beneficiary in a will that places the decea...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 Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-9729888550697008022018-05-25T10:12:22.065-07:002018-05-25T10:12:22.065-07:00There is no such thing as a template release that ...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.<br /><br />For more information I can refer you to my firm's website at www.butlerwillsandestates.com where you can find a kit called "Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-80137779644780215982018-05-24T09:50:36.038-07:002018-05-24T09:50:36.038-07:00Where can I find a template of the release form to...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 HollyD74noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-7437005349786678102018-04-04T16:56:52.190-07:002018-04-04T16:56:52.190-07:00Hi Anne,
There is no standard form of release that...Hi Anne,<br />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.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-16220814639146262322018-04-04T13:57:34.637-07:002018-04-04T13:57:34.637-07:00Where can I download a blank copy of the release f...Where can I download a blank copy of the release form for the beneficiaries to sign before receiving their inheritance? thank youAnnehttps://www.blogger.com/profile/17564873216528864499noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-41434371950171999402017-12-28T09:26:42.133-08:002017-12-28T09:26:42.133-08:00The executors transferred the plots a year after t...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 Susanhttps://www.blogger.com/profile/08171281470571893242noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-62080019868863627522017-08-13T10:56:43.600-07:002017-08-13T10:56:43.600-07:00This is an excellent point that is surprisingly ov...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.<br /><br />Nobody should be charging off to Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-19988334237067434622017-08-13T08:40:38.977-07:002017-08-13T08:40:38.977-07:00Curious they must have a reason for not signing. I...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. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-18748412147006537792017-08-11T11:14:20.276-07:002017-08-11T11:14:20.276-07:00Hi Lynne,
My grandmother passed away a few years ...Hi Lynne,<br /><br />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 Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-29712571182236899752017-07-22T23:14:07.037-07:002017-07-22T23:14:07.037-07:00It's not clear to me whether your mother trans...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. <br /><br />If the plots were transferred by you and your brother as executors, then your litigious brother is bound by the release. <br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-75842599806574967742017-07-22T23:03:56.323-07:002017-07-22T23:03:56.323-07:00It actually depends on where you live. Some provin...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. <br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-89351944207759838362017-07-22T22:31:15.299-07:002017-07-22T22:31:15.299-07:00My mother died 24 years ago. My brother and I wer...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 Susanhttps://www.blogger.com/profile/08171281470571893242noreply@blogger.com