Episode Summary

In this week’s episode, Gord and Jenna tackle a question many executors (and planners) may not have thought of: What happens when an executor passes away during the administration of an estate?

This isn’t just a legal technicality—it can create delays, additional court processes, increased costs, and stress for beneficiaries. Gord draws on real-life scenarios from his legal practice to walk us through how this unfolds and how to plan ahead to reduce risk.

Key Topics Covered

• Common Triggers
  Why estates can sometimes take years to resolve—and why illness, incapacity, or death of an executor isn’t as rare as you might think.
• What the Will Says Matters
  Most wills include backup executors. Gord explains how alternate appointments and joint executor clauses work in practice and how they affect the chain of responsibility.
• When There Are No Alternates Named
  If the will is silent on successor executors, the Estate Administration Act steps in—bringing with it a need for court applications and full agreement from all residual beneficiaries.
• Delays and Risk
  Who pays the bills, manages the property, or deals with tax filings if there’s a gap in authority? Jenna highlights how this limbo period can affect the entire estate.
• Why Age and Succession Planning Matter
  Choosing executors younger than the testator can help avoid these issues. Bonus points if you check in with them periodically to confirm they’re still willing and able to serve.
• When a Trust Company Makes Sense
  Unlike individuals, trust companies don’t die or become incapacitated. For complex or long-term estates, they may offer peace of mind and continuity.

Best Practices for Estate Planning

• Appoint multiple alternate executors—the more, the better
• Review your will regularly, especially if your executors are aging or relationships change
• Notify your executor that they’ve been named (don’t surprise them posthumously!)
• Consider a corporate executor if your estate is complex, cross-border, or will take years to wrap up

“Picking a great executor is only half the job. Making sure they’re still alive, willing, and legally empowered to act when the time comes is just as important.”

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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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