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Debra
Debra, Lawyer
Category: Canada Law
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can a lawyer require a beneficiary to sign release of executor

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can a lawyer require a beneficiary to sign release of executor form before receiving funds. Can the lawyer hold up the funds for any of the beneficiaries without that signed form in Ontario
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debra thal :

The lawyer is not doing this on his/her own.

The lawyer is acting for the executor.

The executor will not release any funds until the form is signed because the executor is leaving him/herself open to personal liability if the funds are dispersed and then a beneficiary makes a claim to the estate.

The executor will need to get a Court Order if the forms aren't signed. The fees for this will come off what the residuary beneficiaries will inherit so it's important to consider all of this before deciding what to do.

Customer :

what protection, then, do the beneficiaries have if they've already signed a form saying they've receive the monies and the cheques go astray, etc. We have already signed forms consenting to the compensation for executors, and stating we don't need accounts to be proven - no pending court cases.

debra thal :

What form was signed?

debra thal :

Aren't you asking about the release of the executor?

debra thal :

Were you asked to sign an acknowledgement that you receive the money?

Customer :

We received 2 forms - I form which I signed and sent back "Consent to Payment Estate Trustee Compensation" which states that I do not require the passing of formal estate accounts or having compensation approved by a court of competent jurisdiction.

Customer :

The second form says I received this day from (executors) interim payments as bequeathed and in receiving these funds, release the executors from all actions.

Customer :

I have not received the monies, so how can I release the executors. How can I sign a paper saying I received monies when I have not?

Customer :

Lawyer's secretary says cannot release monies until I have signed the form stating I've received the cheque. I live out of town and this can't be done at the same time. I wrote a letter when I sent back the consent to compensation form saying I would send back the signed receipt of funds when I received a cheque. The release of executors is on the same form as the acknowledgement for the funds.

debra thal :

You are correct and you cannot sign and acknowledgement that you've received the funds when you have not.

Can you not come into town to get the money and sign?

Customer :

It would be a hardship for me alone to do this. A bigger concern is 2 sisters in British Columbia that cannot possibly get down to that area this year and who are not willing to sign for monies not received. What recourse do we have if the lawyer/executors refuse to release the monies for failure to sign the acknowledgement. All letters stating that we do not require an accounting of the estate in the courts (Compensation form) have been signed and delivered to the lawyer.

Customer :

If the lawyer's office and/or executors refuse these measures and say they will only release monies when acknowledgements are signed, what is our final recourse? Post-dated cheques sound like the best solution.

debra thal :

You can also give someone who lives in the same town as the lawyer your Power of Attorney.

Your final recourse would be retain a lawyer but I am trying to find a way that is not going to cost you anything.

debra thal :

If we are done please click accept so that I can receive credit for providing you with this information.

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