One of the things that your experienced Will and Estate Lawyers will consider is who are you appointing as the executor aka trustee of your Will. The executor is the person that carries out the instructions you set out in your Will. You would think that you had free reign to name anyone that you wanted to and to a degree this is correct. Not only that, but the courts have has also indicated more than once that the choice made by the willmaker is to be shown great deference. However, there are technical difficulties when you name someone who does not live in Ontario as an executor. The Estates Act Section 5 baldly states that letters of administration (probate) shall not be given to someone who does not live in Ontario. The court has the ability to override that provision, but that may require a bond which is a which is a long and potentially costly process. Another scenario is if there was no Will whatsoever then again with the courts per permission and in all likelihood a bond, will be required for such a person be appointed. That generally will require the consent of all of the named beneficiaries. Special dispensation is given to residents of the Commonwealth. So, you do not need a bond for your Uncle in Malta, but yes for your sister in Buffalo. Estate Lawyers keep this at the front of their minds when taking will instructions. Dale Streiman Law LLP takes pride in its work as one of the Lawyers in Brampton for Wills.
Executor – Non-Ontario Resident
