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The choice of executor for your Will is very important. Depending on the size and the complexity of your estate, your choices range from selecting a family member to professional executor. The executor is the individual who will act as your personal representative to ensure that the terms of your Will are carried out. The executor: - Must be over the age of majority;
- Must be willing to accept the responsibility for what may be time-consuming and difficult task;
- Will be responsible for such duties as filing income tax returns, arranging to have the Will probated, preparing statements of assets and liabilities, arranging for the payment of estate liabilities, and distributing your estate's assets according to the terms of your Will;
- Should have financial knowledge and be trustworthy; and
- Should reside in your province. An executor may be required to be physically present in your province of residence in order to fulfill his or her duties.
Naming a back-up or contingent executor in the event that the primary executor is unable or unwilling to act is also important. Your Will should provide specific powers that allow your executor flexibility and discretion over the handling of your estate. The executor may be given broad powers for such decisions as: - How to invest your estate's assets;
- Which assets may be sold to pay your estate's financial obligations; and
- Whether or not to make income tax elections.
These powers will allow for the timely, smooth and tax-efficient settling of your estate.
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