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Did your loved one choose the right executor?

When British Columbia residents create their estate plans, one task is to choose someone to handle the administration of the estate after death. There are some laws regarding who can serve as an executor, but otherwise, the choice belongs to the person creating the will. It should be someone the testator trusts and believes can do the job. It should also be someone who wants to take on the responsibilities. 

Problems could arise if the executor of the will does not live up to the testator's expectations when the time comes. Perhaps the person chosen to serve in this capacity declines to serve after the death. Maybe he or she becomes incapacitated or dies before the individual passes away. In other cases, this happens during the administration of the estate, and someone else must be appointed.

Without a backup plan, such as appointing an alternate executive, the estate could end up in chaos, at least temporarily. It will be necessary for someone, perhaps an heir or beneficiary, to go to the courts to have someone else appointed to take on the duties of executor. This extra time could leave assets unattended, debts unpaid and more.

One of the primary duties of any executor is to protect the estate and the interests of the heirs and beneficiaries while carrying out the wishes of the deceased. Even if a loved one of a deceased British Columbia resident is not the appointed executor, it would be wise to take certain actions as soon as possible. Making sure the person chosen to administer the estate can and will serve in this capacity shortly after the death could avoid unnecessary delays and problems.

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