The Executor Derives Title To the Deceased Assets From the Will

 

Executor Survival manualUnder the terms of the Will, all property of the Deceased Assets is bequeathed to the Trustee upon stipulated trusts.

      At common law the executor derives title from the will: Sustrik Estate v. Floyd, 2005 ABQB 880

 

According to Williams’ Law Relating to Wills, 6th ed., vol. 1 (London: Butterworths, 1987) at pp. 178 and 179 and Thomas G. Feeney, The Canadian Law of Wills, 3rd ed., vol. 1 (Toronto: Butterworths, 1987) at p. 226, an executrix derives her title from the will and her interest in the testator’s property vests in her on the testator’s death. The Executrix may act before probate issues as probate simply authenticates her title.

 

 

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

More Posts - Website - Google Plus