All About Estates
By Holly Van Schouwen, Scotiatrust
June 16th, 2025
While conversations around the estate and the assets are the prudent primary step to have when preparing a Will, a conversation held with one person does not supersede the Will.
It’s a sad time, A parent has passed on and the adult children are reviewing the Will. One or more of the children are named to provide oversight in distribution of personal effects (articles). This can become a contentious issue if there are strained relations within the family.
Where there is no specific language around distribution of these assets in the Will, a question can often arise around what the personal effects are and who decides who gets what. This can present a potential problem for an executor in wanting to be fair and provide equally for beneficiaries in keeping with the wishes outlined for residue distribution within the Will.
Those who have been named to provide oversight to distributing personal effects may have varying opinions and at times, be of the mind that this language gives them the authority to make the decisions. Be it heirlooms like family jewelry, collectibles, a vehicle or Uncle John’s coin collection, without the testator’s specific naming for these items as bequests. Acting on vague language to ensure the wishes of the deceased are carried out can cost time and relationships, not to mention potential litigation if there are disputes over the articles.
A BC case recently showcased why clear language is so important to minimize potential challenges to a Will…
The time of loss of a parent or loved one is fraught with a host of emotions and can bring out the best and the worst in family connections and history. Be clear in who should get what and why certain individuals or family members are included in the Will to provide oversight. As an executor, taking the time to gather all the assets and have detailed information about each item goes a long way to helping everyone understand specifics and how this affects them.
Holly Van Schouwen, Estate and Trust Consultant, Scotiatrust Victoria
