Frequently Asked Questions

An executor is someone named in a will, or appointed by the court, who is given the legal responsibility to take care of a deceased person's remaining financial obligations. This means taking care of everything from disposing of property to paying bills and taxes. Most executors are immediate family members,

with spouses, children and parents being the most common executors.

Executors, as part of winding down an estate, will often perform the following functions, with the money to perform these duties comes from the estate itself:

• Distributing assets according to the will

• Maintaining property until the estate is settled (e.g., upkeep of a house)

• Paying bills for the estate

• Paying taxes on the estate

• Make court appearances for the estate

So when selecting your executor/administrator/trustee of your estate, please pay attention to their ability to act for you in regards to the above noted duties.

You may choose to have one or more than one. In the event you choose to have more than one, werecommend that you either specify if the executor(s) are to act jointly or severally. The former wouldmean that both executors have to be present to make decisions and the later would mean that eitherone can make decisions (especially in one’s absence). 

Yes. You can divide your estate into any number of shares and specify what each beneficiary is to receive.

A Power of Attorney is a legal document that gives someone else the power to act on your behalf. This person is called your "attorney". In Canada the word "attorney" usually does not mean lawyer, as it does in the United States/other countries.

You can give someone a Power of Attorney for Property if you want them to help you manage your finances, or you are worried about becoming unable to manage them. You can also give a Power of Attorney for Property for a limited time. For example, if you plan to be out of the country for a while, you might want someone else to manage your property only while you are away. "Property" includes your money, your home if you own one, and anything else you own.

If you become mentally incapable of making personal care decisions, someone else must make them fo you. This person is called your "substitute decision-maker" (SDM). For some decisions, including those about your medical treatment, the law says your doctor and other health care providers must get your substitute decision-maker's consent before taking action. Making a Power of Attorney for Personal Care lets you choose a person you trust to be your substitute decision-maker if you become mentally incapable in the future.

Making a Power of Attorney for Personal Care is also a way to make sure your wishes about personal care decisions will be respected. It gives you a chance to say what you want and do not want. For example, if you do not want certain medical treatments if you get seriously ill, you can state this in your Power of Attorney.