The executor of an estate must respect the wishes of the deceased without violating the rights of any heirs, creditors and others who may have a legal interest. Failing to protect those rights could lead to estate litigation that could be costly and time-consuming. Nevertheless, some liabilities or assets in an estate may complicate the job for an executor. For example, if the deceased owned rental properties, the executor must consider the rights of the tenants.
When people pass away, they hope that the instructions they leave behind in a testamentary document will be accepted by their families. Clear instructions, a valid will, and talking to family members during the planning of the estate can all help surviving family and friends understand what to do with the estate afterwards.
When a loved one dies with a will, British Columbia residents left behind may give a sigh of relief. At least they have a road map for how the decedent intended to distribute his or her property after death. Unfortunately, that relief may be short lived if the will was not updated as needed over the years. Discrepancies could lead to costly and time-consuming estate litigation.