Читать книгу How Executors Avoid Personal Liability - Lynne Butler - Страница 5

A question asked over and over again during estate administration is, “where does it say that?” This question is asked by executors who have read the will thoroughly and simply do not see where it tells them that they cannot commingle (mix) the estate money with their own, or that they must wind up the estate in one year, or a hundred other things.

You may not see these things written in the will. In fact, it is highly unlikely that you will. However, they exist and they affect you.

A legal document of any kind, including a will, is prepared in the context of the laws of the land that relate to that document. An executor who is administering a will is expected to educate himself or herself as to the duties, rights, and obligations of an executor, no matter what is written in the will. You have to make it your business to find out which laws and regulations govern estates and executors, and to abide by them. Saying that you did not know the law will not help you if you are sued.

Therefore, realize right from the beginning that the will is a summary of what you must do, and the laws of your province and of Canada fill in the details of how you must do it.