estate planning executor non-residentI recently met with Gerta (not her real name) at my law office in the Kanata-Stittsville area of Ottawa to discuss her estate planning. Gerta was widowed and had two children, a son that lived in Poland and a daughter living in Ottawa. Gerta told me that she wished to appoint her son as executor of her Will as she felt he was more suited to the job than her daughter.
I explained to Gerta that although she could name her son as executor (also called an ‘estate trustee’), it could result in considerably more cost and delay for her estate.
Some of the extra cost for her son to be appointed as executor would be due to the requirement for an executor’s bond as he is a not a resident of Ontario.  If an insurance company could be found that would issue a bond, usually at least three years’ worth of premiums must be paid in advance. The payments are not refundable.
There would also be considerable extra time required for her son to complete the lengthy application (full detailed financial and personal information about the proposed estate trustee must be revealed) for an executor’s bond, submit it to the insurance company for review, and await a response.  Additional information could also be requested during the review process.
It is possible to apply to the Court to ask that the bond requirement be waived.  The request to the Court is in the form of a motion brought at the same time as the application for the Certificate.  Additional legal fees would also be required to prepare the motion materials.
We recommend that a resident of Canada be appointed executor in a Will. As I explained to Gerta, in our experience, the Court rarely grants a Certificate of Estate Trustee (often referred to as “probate”) to a foreign resident.
If you need help deciding who to appoint as your executor, call 613.836.9915 or email to make an appointment to meet with me at my Ottawa law office. We will review your unique situation and discuss the available options so you can make an informed decision that makes sense for you and your family.

Reproduction of this blog is permitted if the author is credited.  If you have questions or if you would like more information, please call us at 613 836-9915. This blog is not intended to be legal advice but contains general information.  Please consult a lawyer or other professional to determine how the information in this blog might apply to you.
Blog posts pre-dated December 1, 2015 were originally published under Neff Law Office Professional Corporation.

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