Choosing an executor for a will is a significant decision. This is a position of great responsibility, and the executor must act on the testator’s behalf to ensure that the assets are allocated properly. The right executor should be trustworthy, organized, and capable of handling legal and financial matters. This guide will help you understand what makes a good executor and how to choose the right person for the role.
Key Responsibilities of an Executor
An executor is responsible for managing the estate after the testator passes away. Their duties typically include:
- Gathering and securing assets
- Paying debts and taxes
- Distributing assets to beneficiaries
- Filing legal documents with probate court, if required
- Handling disputes among beneficiaries
For a full breakdown of executor duties, visit the Government of Canada’s estate administration guide.
Who Can Be an Executor?
Most people appoint a family member, friend, or professional to act as their executor. The key requirements are:
- Must be at least 18 years old (or older in some provinces)
- Must have the mental capacity to carry out legal responsibilities
- Should be willing and able to serve in the role
In Canada, there is no legal requirement for an executor to be a resident of the province, but there may be restrictions on appointing someone who lives outside the country. Check your province’s specific laws:
- Ontario – Estate Administration Tax and Executor Guidelines
- British Columbia – Duties and Powers of an Executor
- Alberta – Executor Duties and Estate Administration
Qualities of a Good Executor
When choosing an executor, consider the following qualities:
- Trustworthiness – They must act in the best interest of the estate and its beneficiaries.
- Financial Responsibility – Executors handle financial assets and tax filings.
- Organizational Skills – Managing paperwork and coordinating with lawyers and accountants is a key part of the role.
- Availability – Settling an estate can take months or even years; the executor must have time to dedicate to the process.
- Conflict Resolution Skills – If disputes arise, a good executor will handle them fairly and diplomatically.
Should You Appoint a Professional Executor?
If no suitable family member or friend is available, a testator may appoint a trust company, lawyer, or accountant as the executor. The benefits include:
- Professional expertise in estate law and tax matters.
- Impartiality to handle disputes among beneficiaries.
- Administrative support to ensure the estate is settled efficiently.
However, professional executors charge a fee, usually a percentage of the estate’s value. Learn more about executor fees in your province at the Canadian Bar Association.
Ensuring a Smooth Estate Administration
To make the executor’s job easier and reduce stress for beneficiaries:
- Discuss the role with your chosen executor before appointing them.
- Keep your will updated to reflect changes in assets or relationships.
- Organize important documents (e.g., bank records, deeds, investment accounts) in a secure but accessible location.
- Consider appointing an alternate executor in case the primary executor cannot fulfill their duties.
Selecting the right executor ensures your estate is handled efficiently and in accordance with your wishes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified professional for guidance on choosing an executor for your will.
