An Executor’s Role in Wills Variation Litigation
Explaining the Executor’s Role in Wills Variation Litigation
The job of being executor is a crucial role when it comes to managing and distributing an estate and the executor’s role is even more significant if the estate they are managing is the subject of a wills variation action. In an action where someone is challenging the distribution of an estate, there are a few critical things to consider if you are an executor.
3 Important Rules for an Executor of a Will
1) Executors must not distribute the estate without a court order if proceedings have been commenced that may affect the distribution.
This means that executors or personal representatives should not distribute any part of the Estate if a Notice of Civil Claim has been filed and a claim for a variation of the will has been made. Otherwise, if the distribution proves to be improper, the executor may be personally liable.
2) Executors should remain neutral when faced with a Wills Variation claim.
The executor should always remain neutral when faced with a wills variation claim. The role of the executor is not to comment on the legality of the gifts (or lack of gifts). The executor is required to distribute the estate faithfully, whether in its original form or if varied by court order in wills variation litigation.
3) An executor who wants to challenge a will, must resign as executor
The role of the executor is to remain neutral and as a result, if an executor wants to challenge a will, they must resign or they will be in a conflict of interest.
- Challenging a Will in Vancouver? Four Facts You Should Know
- The Five W’s of Wills Variation in BC
- Pondering Precedents – Spouses in Different Houses
- Changes to Estate Litigation: Spouses & Separation
For Wills Variation Help, Contact Our Estate Litigation Lawyers
If you an executor to an estate that is being challenged or believe that you have been unfairly left out of a will or not properly provided for, contact the Kushner Law Group at 604-629-0432 or contact us online to schedule a consultation.