By Lisa Laredo | Laredo Law
November 28th, 2024
Independence is a virtue when it comes to administering an estate.
Considering the heavy weight of responsibility that comes with the job of executor, it’s understandable that testators reach out to a close family member to perform the job. However, problems can arise when other beneficiaries suspect the executor may be favouring their own interests over those of their fellow heirs. The threat of a nasty estate fight is even greater when siblings are involved, as nothing stirs up old, long-held resentments more than the emotional turmoil that comes with the death of a parent.
In a recent case that should serve as a cautionary tale to testators, the estate of a rural Ontario woman ended up in court after one of her daughters objected to decisions taken by her brother and sister in their roles as co-executors of their mother’s estate.
In my experience, testators who wish to minimize the chances of this kind of fight are best served by selecting an executor with a little bit of distance from the parties involved, and preferably with no interest of their own in the estate. Beneficiaries are less likely to respond emotionally to a trustee who they regard as truly impartial, which means that disputes can often be contained without the need for expensive and time-consuming litigation. If you don’t have a trusted friend or family member that fits the bill, you may wish to consider a corporate trustee.
Lisa Laredo, Founder and Principal at Laredo Law
