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.



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