Can a will or executor be contested in Ontario?
In fact, in Ontario there are only a few grounds that a Will or executor can successfully be contested through the Courts. If a Will is considered valid and was created and executed properly – judges do not have the ability to set aside the Will on the basis that beneficiaries deem the Will to be unfair.
Who is the trustee of an estate in Ontario?
In Ontario, when an estate is probated the Courts appoint an estate trustee, who is the person with ultimate authority to administer the estate. The executor is the presumptive estate trustee, and has the first right to apply for appointment, but the Courts retain discretion to pass over the executor if they are unable or unsuitable.
Is executor compensation subject to court supervision in Ontario?
Note: all executor compensation is subject to Court supervision; the rate approved for large or simple estates may be lower than suggested by this calculator. Learn more about how executor compensation is calculated, supported, and challenged on this page. use this form to Estate Administration Tax payable on probate of an estate in Ontario.
Can an executor of a will be a resident in Canada?
Subject to occasional practical issues dealing with assets like houses and personal possessions, there is no impediment to appointing an executor resident in Canada outside Ontario. Difficulty arises when the executors do not live in Canada.
What happens if an executor does not live in Canada?
Difficulty arises when the executors do not live in Canada. If the executor does not live in the Commonwealth, probate will be more difficult. The executor will be required to either post a bond, or secure a court order dispensing with a bond.
What does it mean to be an executor of a will?
According to the Canadian Bar Association, “The executor gathers up the estate assets, pays the deceased’s debts, and divides what remains of the deceased’s estate among the beneficiaries.”. While that is accurate, it’s probably oversimplified. Acting as an executor of a will can be very challenging.