Legal Question in Wills and Trusts in Canada

executor to deceased father

Ihave not been provide with a copy of the will. How do aquire.

Is there a penalty for this failure to act


Asked on 3/31/07, 1:10 pm

1 Answer from Attorneys

Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: executor to deceased father

If you know for a fact that you are the executor and the testator has died then you are the only one who has the power and authority over the estate. Your authority commences on the death of the testator unless you renounce. No one else is entitled to the will. If you know who has it you demand the original be provided to you. If your demand is not met you must go to Court and obtain an order. The Judge will likely order the person who is not complying with your demand to pay the costs of the application. You may also contact the police. There are criminal provisions dealing with improper conduct in respect of a person's will.It can be considered theft of valuable property.

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Answered on 3/31/07, 6:58 pm


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