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When there are two executors named in a will and the first…

When there are two...

When there are two executors named in a will and the first executor dies, does the second executor take over, or does wesa 145 apply and run over the will makers wishes.

Lawyer's Assistant: Estate laws vary by province. What province are you in?

BC

Lawyer's Assistant: What documents or supporting evidence do you have?

A will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Does BC WESA supersede a will makers wishes for executor in succession?

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Answered in 34 minutes by:
6/10/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,030
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry for your loss.

Did the executor die before the testator died?

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Customer reply replied 2 months ago
Executor died after testator

And did the Will provide for substitute executor if the first dies or becomes unable or unwilling to act?

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Customer reply replied 2 months ago
will had a substitute executor, but lawyer said first executors, executor takes over under wesa 145.
This seems like it tramples on the will makers wishes, to have the second executor manage the estate.

I don't think that lawyer is correct if the Will was worded properly.

The testator has the right to appoint a substitute executor and did.

I cannot review the Will but Wesa 145 doesn't apply if there is a substitute executor. In fact what would the substitute executor be for at all then?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 2 months ago
I am still not happy
I need an absolute 100% for sure answer
Thks Darcy
Customer reply replied 2 months ago
I will confer with a lawyer here and if it is the same I will give 5 stars

OK

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,030
Experience: Lawyer
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