How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96464
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
10263656
Type Your Canada Family Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

What happens when the executor of a will does not follow the

Customer Question

What happens when the executor of a will does not follow the wishes of the deceased
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

If an executor is not following the directives in the will of the decedent, then that is a violation of their fiduciary duty to both the estate and to the beneficiaries of the estate. It is also a breach of contract with the decedent's estate as they are bound by their duty to do what they are instructed to do in the will.

.

The executor doesn't have the liberty or discretion to do what they want, or what they think the testator wanted, only what the will specifically says.

.

If they are not following the will, the beneficiary can file a formal "motion to compel" with the probate court and force the executor to appear and explain why he is violating the law and his duty as executor. The judge can take punitive action from yelling at him up to removing him as executor and appointing someone else to settle the estate.

.

.

thanks

Barrister

Customer: replied 1 year ago.
Thank you so much I knew that something was wrong when my brother was not following my mother's wishes
Customer: replied 1 year ago.
Goodsoil, Sask.
May 14 2005
I, Mary Slager. do hereby declare any previously made will to be null and void. I hereby appoint my son, Anthony George Slager to be executor of my will and testament. My property consists of my Credit Union Shares.
Credit Union term deposit of $6000.00
Share # ***** in the Meadow Lake Co-op (Goodsoil Branch)
Some of my children have already received personal gifts from me, namely Joan Kesenheimer –having received my china “Silver Wheat” dinner set with linen tablecloth & serviettes to match, all my crystal, stoneware bunch set and a place setting of Rogers’s sterling silver cutlery besides other beautiful dishes. Stanley Slager has requested and received my set of Tom Dooley books as a personal memento. The debt Stanley made in the 80’s when he borrowed money from his father shall be cancelled upon my demise, but this cancellation invalidates his claim to any share of the proceeds from the ½ section of land which is presently titled to Anthony George Slager. To Robert Slager, I leave my entire collection of Readers Digest Readers.
To Vincent Murray Slager I leave my classical records. Stuart Slager has received the dinner set given to me a wedding present by my brothers Henry, Eugene and John.
To Anthony George Slager I leave my collection of Kennedy Books and all the other books he has given me over the years, also the classical CD’s videos and “Gone With The Wind”. To Eugene Edward Slager the entire collection of “Our Family” books and “National Geographic” which he bound for us. Also my end tables that now house the records. The angels, the Gleaners, the Pieta and my family crucifix also go to Eugene.
To Elizabeth M Lange my yellow rose tea set, my chest of silverware and the odd china tea cups. All gifts given to me by my children shall be returned to the giver.
The land which I signed over to Anthony Geo. Slager namely NW3-63-22-W3 & SW 10-63-22-W3 shall be evaluated at the time of my demise. Anthony shall have of buying it at evaluation price or selling it.
The proceeds shall be divided our eight children on an equal basis, However Anthony George Slager has declined to accept his share, it shall go to Elizabeth M Lange. Robert Slager has declined accepting his share. It is to go to Eugene E. Slager. Stanley Slager’s share shall go to Elizabeth M. Lange too as cancellation of his debt to me invalidates any claim on the land. Funeral costs will be covered by Purple Shield Insurance; Funeral plot has been paid for.
Dated this 14th day of May 2005
Mary C. Slager
Witness: Rose Esch
Annie Baer
This was written in my mother's hand writing but I thought it would be easier to read if it was in a word document but I do have the original here
Expert:  barristerinky replied 1 year ago.

Ok, sorry for the delay.. I just noticed that you mention Sask, which I assume is short for Saskatchewan, CA. I was not aware that this was a Canada law question as I am a US based expert.

.

I will have to opt out and notify the moderators to transfer this to the Canada law category so that a Canada law expert can assist.

.

.

thanks

Barrister

Expert:  Legal Ease replied 1 year ago.

This question just appeared on the Canada law list. I am happy to take it over.

Please first let me know if the Will was signed, dated and witnessed by two witnesses.

Related Canada Family Law Questions