An executor is the individual named in a will to administer the estate. An administrator is the individual appointed by the probate court if there is no will, the named executor is unable or unwilling to act or an executor has not been named in a will. Often the executor and administrator are collectively referred to as a Personal Representative. The executor or administrator has a legal obligation to act in the best interest of the estate and to complete their duties in accordance with the wishes of the deceased. As an executor or administrator it is important that the proper procedure is adhered to, if not, and mistakes are made, the executor or administrator can be made personally liable for any wrongdoings. Our team can help advise you on your rights and responsibilities and guide you through the estate administration process.
We can virtually help you with such services as:
- Preparation of wills drafting and updating
- Preparation of power of attorney and personal directives
- Probate and administration of estates
- Flexible signing options
We are open and here to serve you during these challenging times.
Compassion and experience at a time when it is needed most.
Individuals responsible for administering an estate hold an important responsibility that brings stress during an already difficult time. Even the simplest estates can be time consuming and involve specific legal obligations that go unrealized without the proper guidance of a lawyer.
The advice of an experienced estates lawyer ensures that the individual administering the estate is carrying out their duties in accordance with the legal requirements set out by the estate administration process and protects the administrators and executors from potential future personal liability.
With an established Estate Administration practice, BOYNECLARKE LLP of Halifax – Dartmouth is committed to guiding administrators and executors through the complexities of estate administration. Through compassion and understanding our team brings their knowledge and experience to ensure that the wishes of your loved one are fulfilled in accordance with the law.
Estate Administration With a Will
The process of acting as administrator or executor is simplified when your loved one has prepared a will before they pass away. Your obligation as administrator or executor is to ensure that your loved ones wishes, as set out in their will, are carried out in accordance with the legal requirements of the Probate Act.
Estate Administration Without a Will
Should a person die without a will – called dying intestate – the process of estate administration becomes more complex. Dying intestate can complicate the results of distributing someone’s assets. The provisions of the Intestate Succession Act determine how a deceased’s assets are to be distributed. In addition to making the process increasingly complex, intestacy can have undesirable results and make the administration of an estate more costly. Our team has a wealth of experience handling intestacy cases.
Our skilled team of lawyers can help advise you on the process and your obligations if you are appointed as executor or administrator of a loved one’s estate.
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Areas of Focus
Executors & Administrators
Probate is the process through which the administration of an estate is formally approved by the Probate Court. The probate process requires a variety of documents to be filed with the Probate Court under strict timelines. Our legal team will assist with and advise on the preparation of the necessary documents and ensure the deadlines are adhered to. The assistance of a lawyer can help relieve stress and uncertainty of an unfamiliar process during an already stressful time.