The answer depends on what is in the deceased’s will. If an alternate Estate Trustee (ET) is named who is willing and able to take on the job, the first named ET needs to sign a Renunciation and then the second-named ET can proceed.
If the first named ET refuses to sign the Renunciation, an application can be made to Court requesting that the first named ET either accept or refuse the appointment.
If the deceased’s will does not name an alternate and the first (and only) named ET renounces, an application can be made asking the Court to appoint someone such as a beneficiary named in the will or a creditor of the estate. Various conditions must be met.
If you would like to discuss the appointment of executors in your Will, make an appointment to meet with one of our lawyers at our Ottawa office. Being an executor comes with a lot of responsibility and care must be taken to ensure you pick the right person for the job.
Reproduction of this blog is permitted if the author is credited. If you have questions or if you would like more information, please call us at 613 836-9915. This blog is not intended to be legal advice but contains general information. Please consult a lawyer or other professional to determine how the information in this blog might apply to you.
Blog posts pre-dated December 1, 2015 were originally published under Neff Law Office Professional Corporation.
