Choose an Executor – And Choose Wisely!
Some of our most critical life decisions to be made affect outcomes after we die.
One of those is naming an executor in our will. Almost as important as the will itself, choosing one’s executor can mean the difference between your final wishes being honoured and carried out as per your instruction, or being changed and completely disregarded.
Your executor, sometimes called personal representative, has full responsibility with regards to your funeral arrangements. If so desired, your executor can change anything with reference to those arrangements, whether it was planned at need or preplanned. This is the person all funeral homes take direction from. Even if there is a surviving spouse, the executor, by law, supersedes the spouse.
Since your executor is given access to all property in the probate of the estate, the selection of a competent and trustworthy person is very important. It is wise to nominate someone who has business experience, intelligence, and the utmost integrity and honesty to serve as your executor. Your nomination of executor, (along with alternatives who are asked to serve if the prior nominee is unwilling or unable to act), should appear in your will. This is your chance to tell the court whom you think is best to do this job for you (since you can't speak to the court in person).
“But what if I die without a will and without naming an executor? Who is responsible for making and paying for my funeral arrangements in this case?"
According to Alberta law, if there is no executor, the authority for making funeral arrangements falls in the following order of priority:
- Spouse or common law partner
- Adult child of the deceased
- Parent of the deceased
- Guardian as named under the Dependent Adults Act, Child Welfare Act, or the Domestic Relations Act
- Adult grandchild of the deceased
- Adult sibling of the deceased
- Adult niece or nephew
- Other adult next of kin
- The Public Trustee
- An adult person having some kind of relationship with the deceased
- And finally… the Ministry of Alberta Human Services.
In today’s world, family dynamics can really complicate things. Let’s say you are a lawyer, with a client named Jack who’s married to Jill, but it’s Jack’s 3rd marriage. Jack has kids from his 1st and 2nd marriages. Jack and Jill have also been living in separate homes for the last three years and Jack has been cohabiting with Jane for the last year or two. Well, yesterday Jack got hit by a bus and died, and he had no will, and everyone wants a say or thinks they’re in charge, and they all want their inheritance. So, now what??? What would you tell his family?
We see this type of situation all too often! Yes, there are Alberta regulations around the order of priority, but it’s important to know and understand who is legally responsible for making decisions regarding a loved one’s funeral arrangements and, therefore, also paying for them.
The best way to protect yourself, your estate, and your loved ones is to have an up-to-date will that names an executor... somebody worthy of your trust from all angles: making decisions, dealing with monetary implications, and honouring your wishes. It is also wise to have conversations with this person beforehand to detail your expectations in order to ensure they are willing and able to take on this important role.
Do you need help to write a will or pre-planning? Contact us today via email - info@parkmemorial.com or by phone - 1-877-426-0050 and our team will promptly assist you.
