Home  ›  Ilm Hub  ›  Answers  ›  What if two people claim to be the executor?
Ilm Hub

What if two people claim to be the executor?

The court decides, usually by determining which will is the valid latest one. Filing a notice of objection preserves your position.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

The court decides, usually by determining which will is the valid latest one. Filing a notice of objection preserves your position.

The Canadian position

The court decides, usually by determining which will is the valid latest one. Filing a notice of objection preserves your position.

Provincial law governs the detail, so confirm the position where the estate will be administered.

The Islamic position

The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.

Where a Canadian instrument has no classical counterpart, treat it as a contemporary question for a qualified scholar.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Apply for probate of an estate — Government of Ontario
  2. Estate Administration Tax — Government of Ontario
  3. Estates Act, RSO 1990, c E.21 — Government of Ontario
  4. Grewal v. Litt, 2019 BCSC 1154 — CanLII
  5. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
  6. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Filing a notice of objection to a will ontario — Treadstone Law
  2. Conflicting wills which one governs ontario — Treadstone Law
  3. Notice of objection will ontario how to file — Treadstone Law
  4. Is ontario will valid if signed by one witness — Treadstone Law
  5. Wills & estates practice — Treadstone Law