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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My friend's dad died in Mexico while on vacation and she was

Customer Question

My friend's dad died in Mexico while on vacation and she was named the executor in his will.
- The Dad was living in Belize (10+ years) and died in Mexico. He is a Canadian citizen.
- My friend (named executor) lives in BC
- The will was created in Alberta
- His last known residence in Canada is unknown - could have been Alberta or BC
His estate is insolvent, my friend has no access to any documents or information, has no money or time herself and has a family to support. She wants to revoke being the executor.
How does she do this - and in what province? We have found documents to do this for BC. But if the will is from Alberta, would it be Alberta? Or can she just do nothing.
She's been trying to call government agencies to even find out how to register his death in Canada, but is told she doesn't have to, then, the funeral home will do that (he died in Mexico and there was no funeral home). If he died in Mexico and the consulate was able to contact the RCMP and have my friend notified, would they have registered the death?
Any direction or advice you could give would be appreciated.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
I am sorry to hear of this sad situation. She doesn't have to do anything. The estate is insolvent so there is no need to probate the Will.There is really nothing that must be done here. She doesn't need to register the death. As the father died in Mexico she just gets a death certificate from Mexico.I don't know how deaths are registered in Mexico as I am a lawyer in Canada and there are no lawyers from Canada on the site but in any event I can't see why she would need a death certificate any way.
Expert:  Debra replied 1 year ago.
Does that help?

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