The Importance of a Will

You might be surprised to learn how many people do not have a will. In March, 2012 a poll conducted by Harris/Decima revealed that 31 per cent of Canadians between the ages of 45 and 64 don’t have a will. Many people would be concerned with that statistic, but others would say, ‘Who cares, I’m not going to be here anyway’. Well, here’s a few things you might want to consider.

Having a will gives you control. Control over who gets what. Control over who becomes the guardian of your kids. Control over who manages your estate. Control over whether family heirlooms get sold or handed down to younger generations. In short, you get to make all of the decisions.

I know many people who hate government involvement of any kind. Well, guess who controls your estate if you have no will (ie. die intestate)? That’s right, provincial legislation controls how your estate will be divided, and the government gets to decide who will raise your kids.

I know someone who is widowed, has 2 estranged kids, no will, is worth $1M, and hates giving money to the government. Since he hasn’t spoken with his kids in ages and likely doesn’t know where they are (and vice versa), if he dies his kids will likely never even be informed. Since he has no other family, if his kids are not located, his wealth will eventually go the government… exactly what he would not want. And that’s after the Public Trustee gets paid to settle his estate, since there may be no one else to step in as Administrator. Even if you have no family to leave your estate to, you could still leave your wealth to one or more charities… if you have a will. No will, no control.

Many wills that I read are quite simple: the estate is split amongst a handful of beneficiaries, family members most often. Perfectly fine. Other wills are more detailed, leaving items of sentimental value to certain friends and family. Again, perfectly fine. At least there’s a will… control.

People often assume that it’s more difficult to settle an estate when there’s no will and, for the most part, that’s an accurate assumption. Due to privacy laws, third parties, like banks, will provide no information, sometimes refusing to even acknowledge if a bank account exists, let alone tell you the balance. This makes it hard to generate a list of assets & liabilities when applying for Letters of Administration, and the person applying may even need to post a bond. But, there’s a bright side (no, I’m not being facetious). When there’s no will everything gets sold, and there’s no question about who gets what… everything is clearly spelled out in the Estate Administration Act. It really is that clear cut. But, getting back to the guy with $1M and 2 estranged kids, since the Administrator will have no access to the deceased’s bank account, I wonder how much of his own money he’ll have to spend trying to find the kids.

Gregg Medwid is the owner and president of Executor Support, a firm based in Coquitlam, British Columbia, with expertise assisting executors and administrators in settling estates. The project management expertise and customer service focus Medwid brings to Executor Support ensures questions are answered and help is given when it is most needed.

This article is in no way intended to substitute for competent legal advice.

(Source for statistics: CNW Canada Newswire, May 9, 2012, “CIBC Poll: Nearly one third of Baby Boomers don’t have a will”)

Gregg Medwid, Owner
Executor Support
gregg@executorsupport.ca
604-999-2106
http://www.ExecutorSupport.ca

An Introduction to Executors and Probate

It is no wonder there is confusion around executors, estates and probate. No one wants to consider their own demise so discussions tend to be avoided. Death, however, is a certainty, and with this in mind you need the basics in place to protect your loved ones.

In this article, I will explain what an executor does, why you need one and will also provide an introduction to probate.

An executor carries out your final wishes as detailed in your will. When there is uncertainty, your executor plays a part in sorting through the details and in essence, does their best to act as you would in distributing your assets within the confines of the law. Without a will, an administrator is selected. This individual manages the estate similarly to an executor; however, the absence of a will can make for a much more involved process.

While an executor may or may not be a beneficiary, it is essential that the person you assign is responsible, organized and a good communicator. Communication plays a key role as managing an estate can be complex and an executor must keep the family and other beneficiaries informed at all points.

Among their first tasks, the executor arranges a funeral and informs others of the death. Informing extends beyond friends and loved-ones to organizations such as government agencies, banks, etc.

The executor must also complete the very detailed task of settling the estate. This begins with cataloguing all assets and liabilities and determining what items form part of the estate and what passes directly to a beneficiary. Assets with an assigned beneficiary (RRSPs, insurance products, etc.) will avoid going through probate which is another reason why pre-planning will benefit your family.

Because the process of taking inventory of assets, settling debts, and liquidating the estate can be complex and take a long time, detailed financial records must be kept for all amounts flowing into and out of the estate. Additionally, the final tax return must be prepared and submitted by the executor, as well as possibly a tax return for the estate itself.

Probate certainly has its myths and uncertainty. Most people have heard of probate, but have little understanding of how it works.

For estates with a value of more than $25,000, probate is usually required. Probate grants the executor the authority needed to settle the estate by proving that the will, and the executor’s role, is valid to banks, pension offices and other organizations.

Within the Lower Mainland, there are probate registries in Vancouver, New Westminster and Chilliwack, with others around the province. Probate filing documents can be prepared by the executor (a kit is available in many office supply stores) or by a lawyer, and must include the list of assets and liabilities with values. The fee to file is $200 plus probate fee – approximately 1.4% of the value of assets within the estate.

Generally the courts will process the application within 2 to 3 months granting the executor the authority necessary to finalize details of the estate.

Obviously the process can be time-consuming and up to 5% of the value of the estate is available for the executor for their service, however, it is important to note that this money comes out of the estate and will reduce the asset value available to beneficiaries.

Mortality is far from a fun topic, but planning and preparation will make things easier for your executor and loved ones. No one has yet figured out how to live forever, so take the time now to ensure your estate is in order.

    Gregg Medwid is the owner and president of Executor Support, a Coquitlam based firm with expertise assisting executors and administrators in settling estates. The project management expertise and customer service focus Medwid brings to Executor Support ensures questions are answered and help is given when it is most needed.

This article is in no way intended to substitute for competent legal advice.

Gregg Medwid, Owner

Executor Support

gregg@executorsupport.ca

604-999-2106

http://www.ExecutorSupport.ca