Episode Summary

In this episode, Gordon and Jenna discuss stepping down as an executor after you’ve already started acting. While renouncing before taking on the role is straightforward, resigning once you've begun administering the estate requires a formal court application. They explore when an executor should consider stepping down, the legal process involved, and key considerations to ensure a smooth transition.

Whether due to conflict of interest, family disputes, health concerns, or legal challenges, executors must follow the proper steps to protect themselves from liability and ensure the estate is properly managed.

Key Takeaways

✔ Reasons an Executor Might Resign:

• Conflict of interest (e.g., executor wants to make a claim against the estate).
• Family disputes preventing effective estate management.
• Long-term trust obligations beyond the executor’s capacity.
• Health issues or personal circumstances making it difficult to continue.

✔ The Legal Process for Resigning as an Executor:

• Court application required to amend the original probate grant.
• Filing of C1 & C2 forms in Alberta along with an affidavit explaining the reason for resignation.
• Beneficiaries and interested parties must be notified and given a chance to respond.
• A final accounting of estate actions to date is often required before discharge.

✔ Best Practices for Executors Considering Resignation:

• Act early—waiting too long could create legal and financial complications.
• Work with a lawyer to ensure all steps are followed correctly.
• Plan ahead in estate planning by naming multiple alternate executors.
• Consider third-party professionals if an independent executor is needed.

Final Thoughts & Next Steps

If you’re feeling overwhelmed as an executor, it’s important to assess your ability to continue and take action before complications arise. Seeking professional advice early can prevent unnecessary delays, liability, and disputes.

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📌 See you next time! 😊

Hosts:
Jenna Carvalho
The smartest way to choose an executor.
Guardian Estate Company
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Gordon VanderLeek
Give your family a legacy of protection - Wills, Estates and Trusts.
VanderLeek Law
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