So You’ve Been Appointed an Executor. Now What?

A close friend or loved one has died and you are aware that you have been named executor in his or her Will.

What should you do next?

Step 1

Locate the Will. In many cases, the deceased will have told the executor where the Will is located but there are times where the deceased has not informed the executor of the location of the Will. Where the Will cannot be easily located, the executor will have to submit a form called an Application for Search of Wills Notice with the Wills Registry administered by the Vital Statistics Agency of British Columbia, which provided if a legal professional submitted a Wills Notice, will indicate the last known location of the Will and the name of the legal professional who prepared the Will. Sometimes, the original of the Will may not be located but a copy of the Will may be located and that is usually sufficient to carry out the last wishes of the deceased.

Step 2

Once the Will is located then it is always a good idea to review the terms of the Will with a lawyer specializing in the area of Wills and Estates, followed by a meeting with a Certified Public Accountant to understand what steps need to be taken so as to ensure the deceased and the estate remain in compliance with the Income Tax Act

Step 3

Arrange for the funeral of the deceased. In many cases, you can take the bills from the funeral home to the financial institution and the financial institution will release funds from the deceased’s account to pay the funeral bills in advance of the grant of probate.

Step 4

Cancel all credit cards and subscriptions.

Step 5

Apply for Canada Pension Plan Death Benefits as there is a strict time limit for applying for such benefits and review any other employment relation pension plans that the deceased received during his/her lifetime to determine if any death benefits are available.

Step 6

Compile a list of assets and debts in the sole name of the Deceased.

Step 7

Obtain death certificates to facilitate the transfer of assets owned by the deceased jointly with others into the name of the survivor(s). Such assets can include joint bank accounts and real estates. Also, submit the death certificate to those financial institutions where the deceased had RRSPs, RRIFs, TFSAs or life insurance policies with named beneficiaries.

Step 8

With the assistance of a Wills & Estates lawyer, apply for a grant of probate of the Will which is the legal process through which the validity of the Will is recognized by an order of the Supreme Court of British Columbia. For more information on what probate is, please see our articled called WHAT IS PROBATE?

Step 9

Once probate is granted, take the court order – grant of probate to all financial institutions where the deceased had accounts and have such accounts transferred into your name, Executor of the Estate of the “Name of the Deceased”. In the event that deceased owned real estate in British Columbia, submit the court order – grant of probate to the Land Title Survey Authority to have any parcels of real estate in the deceased’s sole name registered into your name, Executor of the Estate of the “Name of the Deceased”.

Step 10

Advertise for Creditors of the Deceased, examine all creditor’s claims, and pay all proven debts of the Deceased.

Step 11

Collect all amounts due and owing to the Deceased.

Step 12

With the assistance of a Certified Public Accountant, arrange for filing of all requisite tax returns and obtain from Canada Revenue Agency, the tax clearance certificate which confirms that all taxes of the Deceased and the Estate have been paid. Failure to obtain the tax clearance certificate prior to distributing the estate to beneficiaries could result in you being personally liable for unpaid taxes of the Deceased and the Estate.

Step 13

Prepare an accounting of monies transferred into your name in your capacity as executor and funds paid out to cover estate expenses. Prepare a further accounting of the funds remaining after payment of estate expenses to be distributed in accordance with the terms of the Will.

Step 14

After waiting a period of 180 days from the grant of probate so as to ensure no challenges to the Will by a spouse or children of the Deceased, obtain the written consent of the beneficiaries to the proposed distribution of the Deceased’s estate and a signed release from each beneficiary releasing you from any claims as the executor of the estate and once having obtained the written consents and releases from all beneficiaries, then distribute the funds.

Depending on the biographical details of the Deceased, the size of the Deceased’s estate and the nature of assets held by the Estate, the steps outlined above may be incomplete or slightly out of sequence. It is important to consult the advice of a wills and estates lawyer to determine the correct steps to take when administering an estate. If you or a loved one has been appointed an executor under the terms of a Will, consult Vancouver and Burnaby Wills, Estates, and Probates lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.

What is Probate?

When someone dies and leaves behind a Will, the person appointed as Executor will need to go through a legal process called probate before the Will can be relied upon to transfer assets into the name of the Executor who in turn can transfer the assets to the named beneficiary.

If the Executor does not probate the Will, financial institutions and the Land Title Office will not be able to ensure that a Will is valid or challenged or revoked or superseded by a Will of a later date, meaning the Executor will not be able to have control of the deceased’s assets, whether such assets are real estate, bank accounts, or various investments excluding those with a named beneficiary such as an RRSP.

During probate, the Court will determine whether the appointed Executor is still willing or is able to serve this role. If the appointed Executor is no longer the best choice (for example, if they have lost capacity, are serving time in prison, or they do not want to take on the responsibility), then the Court will turn to the alternate Executor in the Will to carry out the Deceased’s wishes.

To officially have your Executor appointed as the administrator of your Estate, the Court will issue what’s called a “Grant of Probate”. Once your Executor is officially appointed and your Will has been accepted by the Court, the Land Title Office and Financial Institutions will be able to facilitate the transfer of the assets from the name of the Deceased to the name of the Executor who can then distribute the Deceased’s assets in accordance with the terms of the Will.

If you or a loved one is in need of advice regarding Probate, Wills, and Estates or wish to have assistance in making a Will, consult Vancouver and Burnaby wills, estates, probate lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.

Who Keeps the Ring After Separation?

Separation from your spouse or fiancé(e) can be a very testy time in your life and you may have many questions during this time, including: who keeps the ring?

In British Columbia, according to the BC Family Law Act, the gift of an engagement ring is considered a conditional gift. This means that it is gifted with the expectation that you and your fiancé(e) will marry each other at some point.

Before Marriage

However, if you separate before you end up getting married to each other, you fail to meet the condition, and the ring would have to be returned to the person who gifted it.

After Marriage

If you are already married when you separate, then the recipient of the ring would get to keep it. This is because having married, you will have met the condition associated with the gift of the engagement ring.

Exceptions?

There may be exceptions, depending on your unique situation. In the past, there has been a case in BC where the recipient of the engagement ring was entitled to keep it despite the fact that the couple hadn’t been married yet, because she maintained that her then fiancé had given it to her as an absolute gift.

Another exception would be if the recipient had paid for their own engagement ring. In both of those cases, the recipient keeps the ring even though generally they would have to give it back as it is normally a conditional gift according to the BC Family Law Act.

As you may see, even the simple question of “Who keeps the ring?” can elicit quite a complicated answer.

If you or a loved one have separated from a relationship and require assistance in dividing your assets, consult Vancouver and Burnaby Family Law Lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107

What’s an Examination for Discovery?

If you have a proceeding that’s going to trial, you may encounter a step in the process called an Examination for Discovery (XFD). While examinations for discovery are not mandatory, they can be very important in respect to your trial.

So, what exactly is it? An examination for discovery is a meeting where a party asks the opposing party questions about the issues in dispute. Since these meetings are under oath and will be attended by a court reporter who will prepare a transcript that can be used at trial, this is a great opportunity to gather more information from the opposing side, explore contradictions in their facts, and gauge what their conduct will be like at the trial.

Some examples of the things that can be done at an examination for discovery are:

Pin down admissions
Discover additional facts you may need for trial by asking questions about documents
Discover the strengths and weaknesses of your case to prepare for trial
Make requests for documents
Narrow down your issues
Get a sense of how the witness or their lawyer will act at the trial

Because everything you say will end up on the transcript and could potentially be used as evidence in trial, it is vitally important to be well prepared for an examination for discovery. This meeting is also one of the first opportunities to meet the lawyer of the other party, so it is important as well to make a good impression.

If you need advice regarding Examinations for Discovery, consult Vancouver and Burnaby family law lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.

What’s a Judicial Case Conference?

In any family law proceeding, it is almost always mandatory to arrange a Judicial Case Conference (JCC).

But what exactly is a Judicial Case Conference? A JCC in British Columbia is a private and informal meeting between the parties, their lawyers, and a Supreme Court judge or master. It’s an opportunity to discuss and resolve some or all of the issues regarding your case without having to go through further litigation and trial.

What happens in a Judicial Case Conference?

JCCs are confidential and held off the record. Although there is a recording made of the proceeding, you are not allowed to have a copy of the recording without the judge or master’s permission.

The following are examples of what the judge or master may do at a JCC:

Identify issues and explore how they may be resolved
Make orders to which all the parties consent
Refer you to a family dispute resolution professional or a family justice counsellor
Reserve a trial date
Give a non-binding opinion on the probable outcome of a hearing or trial

Outcomes of a Judicial Case Conference:

In a best-case scenario, a settlement would be reached with the judge or master making a consent order on the spot, thus ending the hearing and saving you lots of stress as well as money and time that would otherwise be spent on further legal action.
However, if further legal action and trial is necessary, the JCC provides an opportunity to set a plan for the litigation that will ensure the trial is heard and a decision is made in a just and timely manner.

A Judicial Case Conference is a very important stage of any family law litigation in BC and should be used wisely and efficiently. It always helps to come into a JCC well prepared, with a plan or with strategies as to how to resolve your case.

If you need advice regarding Judicial Case Conferences, consult Vancouver and Burnaby family law lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.