Estate Coaching — Common Questions

Question 1

Am I personally liable if I make a mistake as executor?

Accepted Answer

Executors can be held personally liable for losses caused by negligence or breach of duty — but not for honest mistakes made in good faith. Understanding the difference, and keeping proper records, is essential.

Question 2

Do I have to accept the role of executor?

Accepted Answer

No. You can renounce the role before you begin acting — but once you start administering the estate, renouncing becomes much more complicated.

Question 3

What am I entitled to know as a beneficiary?

Accepted Answer

Named beneficiaries are generally entitled to a copy of the will, updates on the progress of administration, and an accounting of the estate's assets and liabilities.

Question 4

Can I contest a will I was left out of?

Accepted Answer

Yes — in certain circumstances. The most common grounds are lack of testamentary capacity, undue influence, fraud, and improper execution. Dependent relief claims are a separate avenue available to people who were financially dependent on the deceased.

Question 5

What happens if I die without a will?

Accepted Answer

Dying intestate means your province's intestacy rules determine who gets what — and those rules may not reflect your wishes. Your estate goes to your closest relatives in a fixed order, which can exclude common-law partners, stepchildren, and others you intended to provide for.

Question 6

Can I disinherit my spouse or children?

Accepted Answer

In Canada, you cannot fully disinherit a spouse or dependent children in most provinces. Spouses have rights to equalization of family property, and dependants can apply for support from the estate regardless of what the will says.

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