Legal Question in Wills and Trusts in Canada
when a will is put in probate does the executor have to show everyone listed in the will what investments, moneys,property ect and how can i get copy of the probate papers.
Asked on 4/23/10, 9:46 pm
1 Answer from Attorneys
Johanne Amonson
Johanne L Amonson, Q.C. Prof Corp
whether or not the executor must disclose under oath all the assets and debts of the estate on application is a function of the rules in any particular jurisdiction.
It does not matter if he/she has to do this for the Court--the executor still has to do this for the beneficiaries, upon reasonable demand.
An Executor is a fiduciary and as such has the duties of honesty, loyalty, full disclosure and accounting--to the beneficiaries. THERE is NO way around these fundamental duties.
Answered on 4/23/10, 10:37 pm
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