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Legal Ease
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Category: Canada Law
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I am an executrix on my parents will (Canadian will). My

Customer Question

I am an executrix on my parents will (Canadian will). My brother is demanding copies of the will and bank statements etc. what am I required to provide him.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Is your brother a beneficiary?

Are there any assets in your parent's name alone?

Why do you not want to provide these documents to your brother?

Before you parents' death, were you appointed under a Power of Attorney to deal with your parents' finances?

Customer: replied 1 year ago.
My brother is a beneficiary. He is receiving 1/3
Yes there are some.
My brother is threatening to sue, he has a lawyer. We (my sister/co executrix) and I believe less information to him. There is so much history in the past 5 years I cannot write it all in this email. Just know our sister and I are splitting the estate up equally in 3 parts in spite of how nasty he has been or what he does.
We are were appointed POA prior to their death.
The will is in Canada. My sister and I are in America. Brother is in Canada.
I also am the executrix on their American Living trust. Not much there, but I'm not sure if I am obligated to show the bank statement for this too.
What am I obligated to provide him?
Expert:  Legal Ease replied 1 year ago.

I can only answer about the law in Canada.

First, in Canada he has to be provided with a copy of the Will when you apply to probate the Will and you must probate the Will as there are assets in your parent's name alone. As well, the Will becomes a matter of public record as soon as probate is applied for so anyone at all can get a copy of the Will from the courthouse.

Second, he has a right to a full accounting of the estate. He must be told what went into the estate and what has gone out and where it's gone.

As you were acting under a POA you must also make a full accounting of what you did and must provide all records.

So it sounds like what your brother is asking for is what he is entitled to receive. If he takes you to court he will most likely win and will get an order for his costs which may very well end up being ordered against both of you personally rather than against the estate.

If you don't have a lawyer in Canada acting for you it sounds like it is time to retain one as you cannot be expected to know the law and may end up hurting yourselves if you don't have someone advising you.

Customer: replied 1 year ago.
Thank you
Expert:  Legal Ease replied 1 year ago.

You are very welcome.

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