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What should I do about my will if I have been named executor?

Do not distribute anything yet. Open an estate account, find the will, inventory the assets, and get advice on whether probate is needed.

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

Do not distribute anything yet. Open an estate account, find the will, inventory the assets, and get advice on whether probate is needed.

The Canadian position

Do not distribute anything yet. Open an estate account, find the will, inventory the assets, and get advice on whether probate is needed.

Provincial law governs validity, administration and the grounds on which a will can be challenged — so the answer can change if you move.

The Islamic position

Have the faraid shares recalculated whenever the family configuration changes; they are conditional on who survives.

Record the reasoning and the scholar consulted in a memorandum kept with the will.

What to do about it

  1. Recalculate the shares for the new circumstances.
  2. Update the will with a lawyer in your province.
  3. Review every beneficiary designation.
  4. Confirm where the original is kept.
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
Further reading — Treadstone Law
  1. Executor open estate bank account ontario — Treadstone Law
  2. How long does executor have to distribute estate — Treadstone Law
  3. Who can be named executor ontario will — Treadstone Law
  4. Beneficiary designation vs will which controls — Treadstone Law
  5. Wills & estates practice — Treadstone Law