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