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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Whats the difference between being an executor and being a

Customer Question

Whats the difference between being an executor and being a beneficiary? Can I file form 74.11 myself if I don't want to be an executor but want to remain a beneficiary?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
What province is this please?
Customer: replied 2 years ago.

on

Expert:  Debra replied 2 years ago.
An executor is someone who is in charge of administering the estate.

No one is forced to do so.

But if you started doing some of the duties of the executor then you need leave (permission) of the court before you can renounce.

What you do as executor has not impact at all on your right to be a beneficiary. A beneficiary is someone who is inheriting part of the estate.

If you've not done a thing as an executor you don't need a lawyer to renounce.
Customer: replied 2 years ago.

More detail please.

If I have not done a thing as executor but am named as executor, what exactly do I need to do to renounce in Ont ?

Expert:  Debra replied 2 years ago.
You can simply decide not to act and it there are co-executors your can tell them and when they apply for probate they would have to let the court know.If there are not co-executors you can decide to do nothing and then someone else can apply to administer the estate and that person can advise that court that you are renouncing.
Customer: replied 2 years ago.

It may be simpler than I think, but wouldn't an affadavit or this form 74.11 have to be filed to let the court know? Otherwise how would the court know if I were to renounce? Thanks for any details you could provide.

Expert:  Debra replied 2 years ago.
If you have done nothing and want to renounce then you would not apply for probate so until someone else steps up there is no court application and no form to file.The court cannot be told about a case that has no yet started.
Customer: replied 2 years ago.

Thanks for the quick answer. There is indeed a court application that will be starting with the other executors.

Expert:  Debra replied 2 years ago.
Then you don't file anything with the court yourself. Just tell them you are renouncing.They will do what is needed and if they want you to sign something you will but this is not your responsibility.
Customer: replied 2 years ago.

You are right, and I just wanted to know what form it is. If you know, please tell me. I understand its not to be construed as an opinion or advice. Otherwise, thanks for always replying to the followups.

Expert:  Debra replied 2 years ago.
It is this form: http://www.ontariocourtforms.on.ca/forms/civil/74.11/RCP_E_74.11_1105_ODA.pdf
Customer: replied 2 years ago.

Perfect. Thanks. Now I am not in any way planning to proceed without advice from another lawyer in person. But to complete the question, as this was part of my original question, what does filing forms actually entail? Dropping it off at the court? Emailing it? Im not planning to do this but I just want to know how much work and time the lawyer is spending on our behalf.

Expert:  Debra replied 2 years ago.
It has to be file with the application for probate as there is no court file yet.If there was you would have to serve it on the other executors and then file it with the court.

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