Disagreeing with an Estate Executor? Here’s What You Can Do
Are you in disagreement with an estate executor in Ontario? If so, you may be feeling lost and confused. Understanding your rights and the legalities of estate administration in Ontario is important. In this blog post, we will discuss what to do if you disagree with an estate executor in Ontario so you can come to lawyers for help.
What Are Estate Executors Prohibited from Doing?
An estate executor, also known as a personal representative, is responsible for managing a person’s financial affairs and distributing the assets of an estate after he or she passes away. While the executor has the power to make decisions about the estate and its assets, there are some things that they are not allowed to do.
Here are some things an estate executor is prohibited from doing.
- Making Decisions for their Own Personal Gain
- Making Unauthorized Gifts
- Making Unauthorized Investments
- Selling Assets Without Authorization
- Commingling Funds
- Failing to Follow the Terms of the Will
These are just a few things an estate executor is prohibited from doing. It is important for personal representatives to understand their responsibilities and ensure that they follow the law when it comes to managing and distributing the assets of an estate.
What If There Is a Dispute with the Executor?
When someone passes away, the executor of their will is responsible for distributing their estate according to the deceased’s wishes. However, if there is a dispute with the executor, it can become a complicated and emotionally charged situation. In Canada, various legal remedies are available to those who have a dispute with the executor of an estate:
1. Negotiate a Resolution
The first step in resolving a dispute with an executor is to try to negotiate a resolution. This may involve speaking with the executor directly to discuss the issues and attempt to come to an agreement. If this approach is unsuccessful, the next step is to consider taking legal action.
2. Apply to Have an Executor’s Decision or Action Reviewed
In Canada, an application to the court can be made to remove the executor if there is evidence of misconduct or breach of trust. Alternatively, a beneficiary can apply to the court to have an executor’s decision or action reviewed. This is done by filing a petition with the court and requesting that the executor’s decision or action be reviewed.
3. Apply for a Variation of the Will
In addition, if there is a disagreement about how the estate should be divided among the beneficiaries, a beneficiary can apply to the court for a variation of the will. This allows the court to consider the facts of the case and decide how the estate should be divided among the beneficiaries based on the circumstances.
4. Apply for an Order to Compel the Executor to Act
Finally, if an executor fails to fulfill their duties, a beneficiary may ask help from lawyers to apply to the court for an order to compel the executor to act. This order may require the executor to take certain actions or provide documents, such as an estate accounting.
Disputes with executors can be stressful and emotionally charged situations. However, it is important to remember that there are legal remedies available in Canada, and it is possible to resolve the dispute and move forward with the help of lawyers. It is important to remember that you have legal rights and can take steps to remove the estate executor or have a court order issued. Seeking legal advice is the best way to ensure that you take the right steps.
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