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Executors & Fiduciaries Archives

Understanding the fiduciary duties of trustees to beneficiaries

When a person passes away, the individual responsible for overseeing the estate administration process is usually an executor. However, Ontario residents who choose to put some or all of their wealth in a trust will also name trustees. This person or persons are responsible for managing this portion of the estate administration, so it is important to clearly understand their duties and responsibilities in order to select and prepare the right person for the job.

Completing tasks and communicating in advance can help executors

As with most things in life, estate administration is far easier when advance planning and communication are involved. Largely, the burden to do this planning and have these conversations lies with the person whose estate is in question.

Is it a good idea to name your sole beneficiary as your executor?

Settling on who will be responsible for executing your estate should not be taken lightly. While you may consider it a straightforward decision to name your primary beneficiary as your executor, there are some things worth considering first. This is especially true if you only have one beneficiary named to your estate.

Considerations for Canadians picking will executors

Many decisions in estate planning can be difficult and consequential. One of the many challenging choices Ontario adults will inevitably face during this process is selecting someone to execute their will. While there is a clear candidate in some families, others have to weigh many issues when choosing the best option from a number of potential executors.

Is it a good idea to name executors that are also beneficiaries?

Conflict of interest is often a question that arises when creating estate plans. Specifically, some people may wonder if naming a beneficiary as an executor could lead to a will being challenged. Certainly, Ontario wills that name beneficiaries as executors do have an added layer of complexity, but this is very common practice and can be a fine solution if navigated properly.

Pros and cons of naming multiple executors

When taking on a big and complicated task, it can be good to have help. This is often the thinking behind naming two or more executors to an estate. There are clear advantages to having two types of expertise and perspectives when taking on a big task like executing an Ontario estate. But, the risk of conflict can also make this a challenging situation in practice, depending on the arrangement. Here are some things to think about in these cases.