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Executor Responsibilities

At LegalWills.ca we have removed the obstacles to writing a Last Will and Testament.  It is convenient, low cost, and simple.  The MyWill™ and MyExpatWill™ services step you through a series of questions in a "wizard" format.  All questions are written in plain language, so you don't have to be a legal expert to create your own Will.  You simply answer the questions, complete the details, and we automatically and instantly format a document that forms the basis of a legal Will, custom-made for your local jurisdiction.

If you are the executor of the Will of a member here at LegalWills.ca, you probably have a lot of questions about your responsibilities. Here you will find a good summary of the steps that must be followed, as well as some additional information about your responsibilities.

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What is an "executor"?

An "executor" is a personal representative who is responsible for distributing the estate (property, assets, possessions) of an individual according to the wishes outlined in their Will.

At a high level, what does an executor actually have to do?

There are a number of important responsibilities of an executor, which can be summarized as follows:

  • The executor needs to have access to the Will. (This is one of the purposes of being a LegalWills.ca "Keyholder®" for a member's MyWill™ and MyExpatWill™ services).
  • The executor must review the Will, make sure that nobody else has access to any of the property, and notify the next of kin and beneficiaries.
  • The Will must be "probated". That is, in order to administer the estate the executor must be able to prove to the world that he or she has the legal authority to do so.
  • The executor is, by default, expected to make funeral arrangements and pay for funeral expenses out of the estate. (This is one of the purposes of being a LegalWills.ca "Keyholder®" for a member's MyFuneral™ service, so that their funeral wishes can be understood and respected.)
  • The executor must make an inventory of the property in the estate and the value of the property. (The MyLifeLocker™ service allows convenient storage of this property and other personal information that can be passed on to the executor when it is required.)
  • The executor has the responsibility of protecting the property of the estate. They must ensure that all valuables are kept safe and that the property is fully insured.
  • Until the estate is distributed, the executor must keep the money and investments in the estate properly invested. They must choose low-risk investments, as beneficiaries could sue the executor for making bad investments and reducing the value of the estate before it is given to them.
  • Once the estate has paid all the debts and taxes, the executor is able to distribute the property to the beneficiaries.
  • Finally, the executor must provide detailed accounts to the beneficiaries including a detailed list of everything that was received and paid out by the estate.

Why was I selected as an executor?

Individuals often choose a family member or close friend to be the executor of their Will. Most commonly it is a spouse or a child. An executor is usually a person who the individual trusts completely, is diligent and acts with integrity.

As an executor, can I also be a beneficiary in the Will?

Yes. The executor has a legal responsibility to treat all beneficiaries fairly under the directions given in the Will. There is nothing preventing an executor from being a beneficiary of the estate, as long as they are not faced with a conflict of interest, or there is a danger that they may not treat all beneficiaries equally. In fact, for a simple distribution of the estate, where most of the estate is passing to a single beneficiary, it is common for that beneficiary to also be named as the executor of the Will.

What if I am unwilling or unable to serve as an executor?

If the Will identifies an alternate executor, then they may be able to take your place. If no alternate has been identified, then someone can be appointed by the courts to distribute the estate.

Does the executor get paid?

The executor is typically entitled to a fee as approved by the court prior to the payment. The level of payment is based on the size and complexity of the estate, as well as the amount of time and effort demanded of the executor.

What does the Will actually contain?

A Will has the following general structure:

  • It identifies the person making the Will, otherwise known as the "testator".
  • It revokes (cancels) all previous Wills, to make it clear that this Will replaces any earlier Wills may have been made.
  • It names the personal representative, called the "executor", for the Will.
  • It leaves all of the property to the executor in trust. The executor, as the trustee of the estate, is given ownership of all of the property in the estate, but must distribute the property according to the instructions in the Will.
  • It instructs the executor to pay all valid debts, expenses, claims and taxes on the estate.
  • It tells the executor to give the beneficiaries whatever is left in the estate after the debts, expenses, claims and taxes have been paid.
  • It gives the executor certain legal and financial powers to manage the estate, including the power to keep or sell property in the estate, to invest cash, and to borrow money.
  • It names one or more people who should take custody of any minor children.

How do I obtain a copy of the Will?

As the executor of the Will, the member may have told you in advance where the signed, legal copy of their Will is located.

If you are the LegalWills.ca "Keyholder®" for the member's MyFuneral™ service, then you may be able to view their funeral wishes, which includes a section on the location of their Will.  You do this by logging in as a Keyholder® using the Keyholder® ID supplied by the member, and selecting the MyFuneral™ service from the main menu in order to unlock it. After a number of hours or days have passed, as specified by the member, their funeral wishes can be viewed or printed by you.  One of the first sections of the document describes the location of the signed, legal copy of the member's Will.  If you do not see the MyFuneral™ service listed in the main menu, then the member has not provided you with the power to unlock or view their funeral wishes.

If you are the LegalWills.ca "Keyholder®" for a member's MyWill™ service, then you will be able to view and print a copy of the member's Will.  You do this by logging in as a Keyholder® using the Keyholder® ID supplied by the member, and selecting the MyWill™ service from the main menu in order to unlock it. After a number of hours or days have passed, as specified by the member, the Will can be viewed or printed by you.  If you do not see the MyWill™ service listed in the main menu, then the member has not provided you with the power to unlock or view their Will.

If you are the LegalWills.ca "Keyholder®" for a member's MyExpatWill™ service, then you will be able to view and print a copy of the member's Expatriate Will (which covers assets held in a foreign country).  You do this by logging in as a Keyholder® using the Keyholder® ID supplied by the member, and selecting the MyExpatWill™ service from the main menu in order to unlock it. After a number of hours or days have passed, as specified by the member, the Expatriate Will can be viewed or printed by you.  If you do not see the MyExpatWill™ service listed in the main menu, then the member has not provided you with the power to unlock or view their Expatriate Will.

More details about obtaining the most recent copy of the Will are provided below.

What is "probate"?

Probate is the process by which a Will is legally approved by the courts. It also refers to the required documentation and includes the legal confirmation of the appointment of the executor of the Will.

Not all Wills have to be probated. It depends on various factors such as the complexity of the estate, the amount and nature of assets, the number and nature of beneficiaries, etc. However, in practice most estates end up going through the probate process.

Executors are encouraged to have the Will probated, because without this legal confirmation process, many people could become concerned that the Will is invalid, or possibly signed under duress, or that there may be a more recent Will. If there is any possibility that the legality of the Will is in question, or that there could be contention over any statements contained within the Will, then the Will should be probated.

Exactly what steps must an executor perform?

The executor of a Will must perform the following series of tasks:

  • The first obligation of the executor is to locate and read the original of the most recent Will of the deceased. Hopefully, the "testator" (the individual who wrote the Will) has previously informed the executor or their family where their Will and other important papers are kept. If not, then the executor must search all likely places for a valid Will. If the Will is kept in a safety deposit box, then the executor will have to take a key, the Death Certificate and personal identification in order to access the box. The box can be forced open if they do not have a key. The bank will then draw up an inventory of the contents, and the Will will be released if the executor can demonstrate that they are indeed the person with executor responsibilities for the Will.
  • The executor should apply for the Death Certificate of the testator, which can usually be obtained from the Funeral Home director. This usually takes one to two weeks to receive.
  • The executor has the right to determine how to dispose of the deceased's body. Any funeral wishes expressed by the deceased are not legally binding, although in practical terms personal wishes are usually respected. If the deceased has taken time to express their personal wishes through a service such as the MyFuneral™ service at LegalWills.ca, it will save the family and the executor a great deal of anxiety and grief.
  • The executor must notify everybody who has an interest in the estate and what, if any, is their entitlement described in the Will. If the Will, or the authority of the executor is challenged, then the executor may have to provide documentary evidence that they have complied with any legal requirements.
  • A list of assets and liabilities must be drawn up, including their value at the date of death.
  • The executor must secure all assets, either by taking them into his or her possession, or by taking out a full insurance policy.
  • All prospective creditors must be given an opportunity to stake a claim on the estate. The executor must advertise for anybody who may have a claim against the estate. Creditors with a valid claim can recover their debt at any time, even after the estate has been distributed to the beneficiaries.
  • The next step is to apply to probate the Will, so that the assets can be dealt with legally. This may require legal assistance.
  • The executor is responsible for filing taxes on behalf of the deceased, including income taxes and death taxes.
  • Once the executor has obtained legal authority to distribute the estate, they must pay all outstanding debts and expenses, including funeral expenses and all taxes.
  • Once all debts have been paid, the estate can be distributed to the beneficiaries starting with specific bequests to individuals. If the Will provides for the setting up of Trusts, then the executor is responsible for making these arrangements. Once all specific bequests have been distributed, the residue is distributed.
  • The executor is accountable to the beneficiaries for the assets of the deceased. It is therefore vital that accurate records are maintained when dealing with all debts, expenses, taxes and the distribution of the estate.

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How It Works

When you create a Will or legal document at LegalWills, you can designate up to 20 different Keyholders®. Your chosen Keyholders® will be given the trust and power to unlock specific information within your account such as health care directives, funeral wishes, final messages, uploaded files, Power of Attorney, or Last Will and Testament.

You can also implement security mechanisms to prevent premature access to these documents. The entire process of creating your Will and other legal documents at LegalWills is seamless and iterative, meaning you can continue to make changes until you're happy with the final product.

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Entrust up to 20 individuals to unlock your wishes when the time is right.

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Make any changes to your documents using our online service.

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When the time is right, your selected Keyholders® will have the ability to unlock your wishes.

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Documents are Released to Keyholders®

When the time comes and your Keyholders® request access to your documents, your wishes will be entrusted in their hands.

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Frequently Asked Questions

There is no requirement to use the services of a lawyer or notary public to prepare your own estate planning documents, including your Last Will and Testament.

The law that defines the legality of a Will is written specifically for each Province, State and Country, but in summary the law requires that the Will is written on a piece of paper and signed in the presence of two witnesses who cannot be beneficiaries to the Will.

Lawyers can certainly help you to prepare your Will, but everybody has a legal right to write their own Will. If you create a document using our service, it must be printed, signed and witnessed according to our instructions, and then it becomes a legal Last Will and Testament.
Quite simply, because we do not provide you with legal advice.

We are giving you direct access to the same software that lawyers use to prepare their documents, but you are doing it yourself. However, if you need custom clauses written to cover an unusual situation, we cannot do that, and we recommend that you seek legal advice. For example, if you have a child with special needs, they would need a trust written for their inheritance. We don't do that.

In most cases, a document written using our service will be word-for-word identical to one prepared by a lawyer.

For a more thorough explanation, please read our blog article: The Cost of a Will in Canada – Explained.

There are no other payments required to prepare your legal Will. You can have a legal Will in your hands for $49.95CAD with nothing else to pay, ever.

What other options are there?
If you wish, you can have your Will reviewed by one of our lawyers for $69.00CAD. Most people do not need this, and would not benefit from it, but if you have selected an option such as "None of the above. Let me describe in detail how to distribute my estate.", then you may want to consider this. (Currently not available in Ontario.)

Your Will must first be printed, and then signed in the presence of two witnesses. If you do not have access to a printer, we can print it for you and mail it out. The cost for this is $9.95CAD, but again, most people do not need this option.

We also offer other services like MyLifeLocker™, a Financial Power of Attorney, and a Living Will. They are not required, but they may be useful to you depending on your situation.

What about document storage?
We do not store physical documents, but we allow you to maintain an account with us if you want to update your document in the future.

The Will service costs $49.95CAD. With this payment, you are able to prepare your Will. It also gives you one year of unlimited updates to the document. You are able to print the document as often as you wish during that first year. You can download it as a PDF or Word file, but to make your document a legal Will, it must first be printed, and then signed in the presence of two witnesses. The online version is there for your convenience only.

If you choose not to maintain an account with us after the first year, your initial payment is all you will ever pay. We do not keep credit card details on file and cannot automatically charge beyond this initial payment.

If you wish, you can choose to store your documents online for longer than a year, which will make it easier to make updates in the future to reflect any changes in your personal or financial situation (rather than returning to a lawyer each time). This is of course optional, but it does make the process of maintaining your document more convenient. $11.95CAD will give you one additional year of updates, or you can purchase multiple years: 5 years at $29.95CAD, 10 years at $39.95CAD, 25 years at $79.95CAD ($3.20CAD per year).

Every time you make an update to your Will, it must first be printed, and then signed in the presence of two witnesses again. If you choose not to maintain an account with us, you will always have your printed, signed document. If you don't need to make changes to that document, it will last you for the rest of your life, whether or not you have an account with us.

What happens if I don't maintain an account, and then in a few years I need to update it?
If your account has not been touched in years, and it is inactive, we reserve the right to remove the account. You will receive an email notification that your account might be removed. However, in practice, we have never actually removed any accounts in our over 25 years of operation.

So, in all likelihood, you will be able to simply login to your account and pay $11.95CAD to reactivate it. This will give you one year of unlimited updates from the date of payment. (You will not have to pay for your inactive years.)

Yes.  A Power of Attorney (also known as a Power of Attorney for Finances) and Living Will (also known as a Power of Attorney for Health Care), are very important documents that should be created and updated at the same time as your Will.

This website allows you to create a Will, Expatriate Will, Power of Attorney and Living Will .
Here are just a few differences:

  • We have designed our legal document creation services to be of the best quality available today.    We have evaluated many existing do-it-yourself kits and web-based services, including several of the most popular Canadian legal will kits. We were shocked by the poor quality, limited instructions, and low value for money that many of these do-it-yourself kits provide consumers. 

  • Incredible value for money.   Our membership pricing model allows us to provide you with the most value for your money at prices that are unprecedented in the legal industry. We worked with lawyers to bring you this service, and we paid for their legal services so you don't have to. 

  • Plain language help and instructions.  In addition, all of our services provide you with complete instructions and answer your questions in everyday language, free of legal industry jargon.  We have developed our services based on the requirements of the public, not dictated by the legal profession.  Our wizards, help and information are also designed to be the best on the market and are kept up-to-date on an ongoing basis.  

  • Create your Will from the comfort of your own home.  No lawyer required.  Our unique approach allows you to make use of the ultimate convenience of the Internet to write your Will at your own pace, online, and to make changes online at any time free of charge. 

  • Free unlimited updates.  Don't pay a lawyer every time you need to update your Will. We allow your Will to be kept securely online so that you can make free unlimited updates for as long as you are a member.

  • You can still have it reviewed by a lawyer. We have worked with lawyers in Canada to bring you these services and to ensure that they are of the highest quality. But if you wish, we can still arrange for your documents to be reviewed by one of our lawyers, who will check the documents for consistency and completeness. (Currently not available in Ontario.)

  • The Keyholder® Advantage. You can take advantage of our unique messaging service which allows you to describe the exact location of your Will and to provide a detailed list of assets for your Executor. All for no extra charge. When you pass away, let us worry about communicating this information to the people you specify. There is simply no other company that provides such a complete and convenient service to their customers. For more information, read about The Keyholder® Advantage .

  • We employ a strong focus on protecting the privacy and security of your information.   We use industry standard encryption algorithms for storing all of your private information, and the design of our services ensures that the contents of your information are made available to the specific people designated by yourself, and only at the appropriate time. 

  • Keep informed and up to date.  If you wish, we can inform you by email about any changes in legislation which may have occurred in your jurisdiction that may require changes to your Will.  Or we can send you simple email reminders, no more than once a year, to remind you to consider updating your Will if any significant changes have occurred in your life.  

Other websites and do-it-yourself kits simply do not compare.

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