Can You Be an Executor 0f a Will for a Person in Ontario but Live in Another Country?
It is possible for someone who lives outside of Canada to be named as an Executor of a Will in Ontario, but there are some practical considerations to keep in mind.
Firstly, the Executor must be willing and able to carry out their duties from another country. This may include communicating with lawyers, banks, and other professionals in Ontario. They will also need to ensure that they are complying with Ontario laws and procedures. This may require them to travel to Ontario at certain points during the estate administration process.
Additionally, the Executor will need to provide a bond to the Ontario court. This is a form of insurance that ensures that the Estate is properly administered. The bond may be more expensive or difficult to obtain for someone who lives outside of Canada. Only with a Judge’s Court Order can the Bond be waived.
It’s important to note that the role of an Executor can be complex and time-consuming. Managing an Estate from another country can add an additional layer of difficulty. If you are considering naming someone who lives outside of Canada as your Executor, it’s a good idea to discuss the potential challenges with a lawyer who specializes in Estate Planning.
In any case, it’s crucial to ensure that the Executor you choose is trustworthy and capable of carrying out their duties, regardless of where they live. For a complete outline of the Executor’s roles and responsibilities check out the resource section on Executor’s Duties
Check out Ontario law on Administering Estates
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This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions.