What is an executor and what is an administrator? Who can see the will?
With David Hobbs and Ian Giroday
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Show Notes Episode 6:
David Hobbs: What is an executor and what is an administrator?
Executors and administrators are similar but different
Executor:
- appointed by will maker, sometime there are co-executors or alternate executors
- function is to gather assets, liabilities and to administer the estate
- performing the instruction set out in the will
- take control of assets, determine who creditors are
- makes application for grant of probate
Administrator:
- normally arises where there is no will
- still have assets and liabilities that need to be dealt with
- someone has to perform that function like an executor
- application is made to court for appointment of administrator
- then once appointed is in same position as executor and performs the same functions
Ian Giroday: Who gets to see the will?
There’s no ‘reading of the will’ obligation and doesn’t usually happen
Who gets to see the will depends on your relationship to will maker, generally:
- person who is named as beneficiary
- any executor
- any person who would take on an intestacy
- any person who files a citation with the court registry compelling a person to bring in a copy
- some special rules regarding First Nations
Mechanisms for obtaining a copy of the will:
- persons named above receive notice of intention to apply for probate, this includes copy of the will
For those not entitled, there are some tools available to learn whether the will exists:
- will notice search with vital statistics
- won’t get copy but can learn if the will exists
- search probate register of Supreme Court of BC
- if application for probate has been filed, the will be in that file
Contact us if you require legal assistance:
Tel: (604) 669-6609
Toll Free: 1 (844) 568-1004
email info@hobbsgiroday.com
Hobbs Giroday Podcast: Episode 5