Family members usually have first priority, but the court has discretion and may appoint a trust company or other non-family member under special circumstances. If you had started to act, you would need court approval to resign.įinally, Katy says that if there are no named alternates, and you renounce as successor executor, then effectively there is no named executor and someone would have to apply to the court to be appointed as "administrator" (similar to the case of an intestate estate). Katy also notes that you have the ability to renounce your acceptance as the successor executor for Uncle Charlie without court approval, as long as you have not started acting as executor of Uncle Charlie’s estate or “intermeddling” in any way in Charlie’s estate. This person could be a stranger to you, but Ontario's Trustee Act can swing into action and make it so." If your last named executor/trustee dies, and the administration of your estate is not complete, or trusts are still ongoing, then the "personal representative" of your deceased executor/trustee may take over. Katy Basi, an estate lawyer and frequent contributor to this blog says "It is critical to ensure that you have a series of alternate executors/trustees appointed in your will, especially if your will creates trusts which could continue for a number of years after your death. your spouse) and his will was drafted such that the alternate could step in and perform those duties, then you can step aside. However, if Uncle Charlie named an alternate executor in the event of the death of his executor (i.e. I am not sure if the law is the same in each province). All this, while mourning the loss of your spouse.Īs extreme as this seems, if Uncle Charlie did not provide for an alternate executor in his will, then subsection 46(2) of Ontario's Trustee Act permits you, as your spouse’s "personal representative" to act as executor under Charlie's will. If you are your spouse’s executor, not only will you have to administer your spouse’s estate, but you may have to assume the executorship of Uncle Charlie’s estate. What is an executor’s nightmare? How about becoming the executor of two estates at once! That is what could happen if your spouse passed away while administering his or her Uncle Charlie’s estate. This is my last blog post of 2013. I would like to wish my readers a Merry Christmas and/or Happy Holidays and a Happy New Year.
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