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.

Find your path.

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Common questions for will makers