Estate Administration Division of Duties Between Lawyer and Estate Trustee


Advance
  Prepared by Norman Pickell, an estate lawyer based in Goderich, Ontario. 

Here is a breakdown of the List of the Duties of the Lawyer and the Duties of the Estate Trustee (formerly known as the "Executor" or "Administrator"). 
Not all of these Duties will necessarily be applicable to every Estate.
 		  
 
DUTIES


Lawyer

 

 

X 
Trustee
Funeral    determine if any special instructions (in will, or elsewhere)

X 
  make arrangements for funeral X
  receive account (& eventually pay) (unless funeral pre-paid) X
  obtain Proofs of Death from funeral home X
If Will   locate the will X
  assist in search for will (if necessary) X
  determine if it is the valid last will X
  read the will X
  interpret the will
  advise Estate Trustee re possible spousal entitlement under Family Law Act
 

prepare Family Law Act Election and Independent Legal Advice forms (if needed)
 

(if necessary) contact spouse re Family Law Act Election and have spouse contact independent lawyer
 

provide Family Law Act Election and Independent Legal Advice forms (if needed) to the independent lawyer 
 

(if needed) receive back from the independent lawyer the Family Law Act Election and Independent Legal Advice forms
 

advise Estate Trustee re possible dependant’s claim under Succession Law Reform Act 
If No Will   make inquiries by letter & by phone for will X
 

interpret who is entitled to receive Estate
  gather information concerning family members X
 

advise those entitled to apply for Certificate of Appointment
 

notify Public Guardian & Trustee if no next of kin in Ontario
  receive instructions re Application for Appointment
Assets    locate all assets by contacting banks, etc. X
 

all telephone conversations with holders of assets 

 X
  all correspondence with holders of assets X
 

update bank/trust company pass books

 X
 

list contents of Safety Deposit Box (if there is one)

 X
 

determine if Deceased is beneficiary of unfinished estate

 X
 

if Deceased is beneficiary of unfinished estate, contact either Estate Trustee or Solicitor for estate 

 X
 

submit necessary claim forms to life insurance companies (including supporting documents)

 X
 

gather in all assets ( including cash, jewelry, securities, other valuable papers

 X
 

consult with lawyer re knowledge of other assets 

 X
  if Deceased was employed at time of death, contact employer to collect wages and benefits X
 

if assets include a business, arrange for continuation & proper management of business

X
  if receiving Old Age/CPP, notify Health & Welfare X
  complete CPP Death Benefit Application (if applicable) X
 

complete CPP Survivor’s Benefit Application (if applicable)

X
 

if Deceased was receiving any other pension, contact Pension Plan Administrator

X
 

prepare inventory (list) of assets as of date of death

 X
  look at list of assets
 

decide if necessary to apply for Certificate of Appointment

 

secure assets (including jewelry & cash)

X
 

make sure assets are adequately insured in name of Estate

X
 

re-direct all mail (unless spouse living in house)

X
 

monitor any investments that Deceased had at death

 X
 

where appropriate, keep assets invested until distribution can be made

 X
Beneficiaries   locate beneficiaries X
 

prepare list, including full names, addresses, S.I.N. and dates of birth

X
  look at list of beneficiaries

 

determine if there are any contingent beneficiaries
 

answer inquiries from beneficiaries from time to time

X
 

inform them from time to time of what is happening

X
 

assist Trustee re answers to questions from beneficiaries

 

deal with lawyers acting for beneficiaries

Certificate of Appointment  

determine if named Trustee(s) will act

X
 

prepare Renunciations (if necessary)

 

prepare Consent to Appointment (if necessary)

 

arrange to have Consent to Appointment signed

 

prepare Application for Certificate of Appointment

 

locate one witness to the will

 

prepare Affidavit of Execution of Will

  advise re bond required by Estates Act (if needed)

  arrange for bond required by Estates Act (if needed)

X
  prepare papers to dispense with bond (if able)

  sign papers to dispense with bond (if able)  X
  prepare Notice of Application for Certificate

  advise Trustee of her/his duties

  review documentation

  explain documentation to Applicant

  sign documentation X
  have Affidavit of Witness signed

  serve Notice of Application on beneficiaries

  serve Public Guardian & Trustee (if necessary)

  serve Office of Children’s Lawyer (if necessary)

  arrange for money to pay Court Fee for Certificate

X
  attend at Court House to file Application

  receive Certificate of Appointment from Court House

Bank Account   open estate bank account X
  arrange for collection of future income X
  deposit all cheques into it X
  pay bills from it X
  provide for immediate family’s financial needs (if necessary) X
Creditors   discuss issue

X
  decide in which newspapers to insert Notice to Creditors

X
  prepare Notice to Creditors

  send Notice to Creditors to Newspaper(s)

  eventually receive Proof of Publication of Notice

  pay account from Newspaper(s) for Publication of Notice

  receive proof of Claims from Creditors

  discuss Claims from Creditors

X
  decide if creditors’ claims are legitimate

X
  send letter to creditors acknowledging claim

  send Notice of Contestation to illegitimate creditors

  determine what other debts of Deceased are X
  eventually send payments to all creditors X
Cards   cancel all credit cards X
  send in Health Card for cancellation X
  send in Driver’s Licence for cancellation and possible refund X
  cancel magazine & other subscriptions X

Documents   prepare such Notarial Copies as are necessary