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What is a Will Executor?

When someone close to you passes away, or even you, it can be a trying experience for the family and loved ones of those that pass away. In addition to dealing with mourning and grief, there are a number of practical matters that need attention, and right away, including funeral arrangements, obtaining death certificates, reading the will, probate, distributing assets, and so forth.

Hiring an estate executor (also known as the personal representative, administrator, estate trustee, or liquidator) can make the difference between an easy process to an extremely stressful one.

The executor’s responsibility is to manage and wind up the deceased person’s estate, resolve any debts, distribute assets to heirs, and file legal paperwork.  Some of the tasks might include the following:

  • Arrange Funeral — Request burial or cremation, organize the memorial, order death certificates, etc.
  • Take Inventory — Find and organize all estate assets and debts
  • Become Executor — Get appointed by the court (if going through probate)
  • Send Notifications — Notify friends and family, social insurance, banks, credit cards, etc.
  • Manage Estate — Maintain and care for assets; plan asset disposition
  • Resolve Debts — Pay off debts in full, or arrange for debt forgiveness
  • File Taxes — Submit relevant tax returns: decedent income, estate income, etc.
  • Make Distributions — Distribute net assets to heirs
  • Wrap It Up — Finalize the estate settlement, including probate final accounting (if applicable)

Some tasks can be performed by anyone, such as notifying next of kin, while others have strict legal requirements. For example, some jurisdictions require that an estate administrator resides in the deceased same jurisdiction which can be difficult.  Fees and costs related to getting an Executor, especially if you have limited assets, can be significant but in many cases tax exempt. 

The role of an executor can be complicated and involve tax, legal, and other financial decisions. It may also be contentious depending on family dynamics.  While most people choose an executor when they draft their first Will, life events typically trigger a re-evaluation of who should take on that responsibility for you.

Be sure you are careful with whom you appoint, that they are ready for the job, and that you use Time Secured to give them all the necessary and updated information for them to properly implement your final wishes.

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Simple 10-Step Estate Planning Checklist

The sooner you start, the simpler you will find estate planning! The longer you leave it, the more complex and the greater the chance you will miss out on regulatory and tax breaks. So, where do we start? By breaking down the process into simple bite-size bits.

Estate planning BC is simple in principle but can be pretty complex in practice, especially with no preparation. Essentially, you need to know your starting point, where you want to be, and the most efficient way to get there. Our estate planning checklist walks you through the process, prompts you to think about specific areas in isolation, and brings everything together at the end. Whether looking at online wills BC, trustees, beneficiaries or the ever-changing regulatory environment, there is much to consider.

1. Review Your Assets and Liabilities

The first stage of estate planning BC is to review your assets and liabilities, employment, investment and other sources of income. Even though many of us have an idea in our head as to what we are worth, liabilities and plans for the future, when written down on paper they may differ significantly. Therefore, every element of your financial life must be noted in this review. This ensures you can make plans for the efficient structure of your estate and gives you a starting point, a foundation going forward.

2. Appoint Financial Advisers

When you have a list of your assets, liabilities and income sources, this is the time to approach a professional financial adviser. They will sit down with you; look at your assets and liabilities in more detail and your hopes and aspirations for the future. While you will likely need some legal representation to complement your financial adviser, the degree of additional assistance will vary. If you have a relatively simple estate, it should be reasonably easy to keep the cost down when looking at estate planning BC.

Those with business interests and assets spread across Canada and the rest of the world may need specialist assistance. When it comes to business interests, there may already be pre-existing arrangements with directors/partners which need to be respected. In many ways, advice is the key in the early stages, as this will guide you in the appropriate direction.

3. Identify Your Goals

As we touched on above, if you don’t know where you wish to go, how will you know when you get there? Typically, people leave the vast array of their estate to family and close friends. Indeed there are rules and regulations regarding estates; if no will or instructions exist, assets will be shared out amongst spouses/partners, children and the wider family. So it is essential to recognise how you wish your assets to be shared at a relatively early stage. 

Would you like your partner/spouse to receive everything and manage part on behalf of your children? If there are significant assets available, it may be an idea to set up a trust fund for your wider family. Do not automatically assume that those “left behind” are in synch with your thoughts. They may not know about your goals and wishes for your assets. You must leave no element of confusion!

4. Create an Estate Management Plan

The only way that estate management BC looks simple is because you have done the groundwork; you have started relatively early and taken it piece by piece. Now that you know your assets and goals for the future, it is time to establish a formal estate management plan. This will incorporate several individuals such as trustees, lawyers, financial advisers and beneficiaries. You may require additional assistance in some cases, such as a particularly complicated personal/business life.

The next stage of the estate planning checklist is to appoint the relevant people and build on the foundations with the legal paperwork.

5. Appoint trustees/executors

Whether we are talking about online wills BC or the more traditional written will, you must have trustees and executors in place. This prompts the question, what is the difference between a trustee and an executor? A trustee is in charge of managing the estate before it is passed to the beneficiaries. An executor is an individual/company appointed to carry out the deceased’s wishes. They will be involved in many activities, which can include any of the following:-

  • Applying for probate
  • Valuing the estate
  • Settling inheritance tax
  • Registering the death
  • Arranging the funeral
  • Closing relevant accounts
  • Collating assets
  • Distributing funds/assets

Many people are misguided and automatically assume that the executor and trustee have similar roles. This brings us to other questions, such as; can an executor be a beneficiary in British Columbia? While legally, there is no reason why not, from a moral/simplification point of view, the easiest thing to do is to appoint executors that are not beneficiaries.

6. Complete the Relevant Paperwork

Now that you have your team in place, your list of assets/liabilities and have begun taking formal advice, now is the time to complete the relevant paperwork. When we say “paperwork”, many will be aware that online wills BC are now recognised under the law and legally binding. Consequently, this section applies to both online and physical wills.

When it comes down to placing your instructions on paper, there is a growing trend toward excluding immediate friends and family from discussions. This allows the individual to remain focused on what they want, not being overly influenced by the hopes and aspirations of others. Unfortunately, even relatively quiet, unassuming people can turn into hard-nosed individuals if they feel they have been “wronged” in someone’s will. Therefore, you must add as much detail to your will as possible, leaving no room for different interpretations or legal wrangling. 

Failure to create a watertight will can, and often has, resulted in legal action. This not only drags the individual’s family through the courts but can also lead to significant costs, which may be taken out of the estate. In this situation, nobody benefits.

7. Register Estate Documents

Even though there are numerous ways in which you can leave instructions after your death, many people still use the Canada Will Registry. This is a handy starting point for family and friends on your demise. The registration document will note executors and trustees, those allowed access, and details of how your estate should be split. While there is no legal requirement to register estate related documents prior to your death, if they are lost or destroyed, this can cause serious problems.

8. Store Estate Documents

There are numerous methods of storing estate documents to ensure they are to hand upon your death. These include:-

  • Lawyers
  • Banks
  • Financial advisers
  • Trusted parties
  • Cloud services

It is also essential that out of date wills and estate related documents are correctly destroyed. Failure to do so will only cause confusion which could lead to more legal challenges and significant costs. In addition, you will make the situation much more transparent so that everyone knows where they stand.

In recent years we have seen the emergence of virtual storage facilities for legal documents. These services also ensure the timely release to trustees and executors. Due to a change in British Columbia regulations, it is now perfectly legal to store your will and last testament in the clouds. While slowly starting to be appreciated by the wider public, this is a significant development.

9. Adapt and Maximise Regulatory Changes

The idea that your estate planning checklist is a one-time visit, a one-off event, is a fallacy. As we have all seen, governments in British Columbia, across Canada and the globe are regularly changing financial regulations, including estate laws. While dependent upon the type of government, new rules may emerge which are beneficial, while others may increase the government’s tax take from your estate.

Whatever the situation, it is vital that you adapt your estate planning checklist to make the most of often complex regulatory changes. Your advisers should rubberstamp any significant adjustments to the structure of your estate.

10. Annual Review of Your Estate Planning

It is good housekeeping to review your finances and your estate planning checklist on an annual basis. Sometimes, you may require additional advice throughout the year, while other scenarios may require a simple box-ticking yearly meeting. However, you must sit down with your advisers regularly. It may be that your personal circumstances have changed, your finances have exceeded initial expectations, or there may be family issues. 

An annual review ensures that there is regular communication between advisers and clients. It also allows all parties to discuss any issues at hand or potential challenges going forward. Do not underestimate the importance of an annual client meeting!

Fail to Prepare, Prepare to Fail

When looking at our estate planning checklist, everything appears simple, straightforward and obvious. This is the whole point of the checklist, breaking down a potentially complex task into more manageable bite-sized chunks. Focusing on specific issues instead of the broader picture encourages a high level of detail and greater understanding.

It is essential to have peace of mind while also exerting control of your assets before your death. This ensures that an estate that may have taken decades to build is directed at your preferred beneficiaries. By failing to prepare, you are preparing to fail; it is as simple as that!

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