Issues Of Liability For Executors

An executor's job is not an easy one. It involves a complex process and many steps have to be undertaken before he or she has completed the duties. As executors are in a position of trust, they are said to have fiduciary duties toward the estate. An executor who fails to properly carry out fiduciary duties can expose him or herself to liability.

The lawyers at Vancouver-based Westside Family Law have guided clients through complex family law and estate litigation matters for over three decades. If you are an executor or a claimant who is making a claim against an executor, we can provide you with knowledgeable, efficient representation.

When Do Executors Expose Themselves To Liability?

The executor is in a position of trust. Once an executor decides to accept the role, he or she must perform his or her duties according to a high standard. If the executor does not carry out his duties correctly, that may well lead to claims against him or her.

There are a few ways in which executors can expose themselves to risk and liability. They include:

  • Failing to ensure all taxes are paid before distributing the estate to the beneficiaries.
  • Failing to ensure all creditors have been paid off or
  • Failing to resolve claims before distributing the estate to the beneficiaries.
  • Failing to make reasonable efforts to notify or discover other possible creditors or beneficiaries.

Representing Executors And Claimants

Without proper guidance, an executor can find him or herself in a predicament. He or she may either be held financially responsible or he or she may even be sued. A claimant, on the other hand, looks to be compensated for the debt owing.

Westside Family Law can provide advice and representation to executors who are facing claims for not properly carrying out their duties. We can also assist claimants with their case against executors and in recovering the debt owed. We will seek to find an optimal solution to the dispute. If the matter winds up before the courts, our trial lawyers will fully represent your interests, working effectively to resolve your case.

Call Us Today

If you require assistance administering an estate, or defending a claim against you as an executor, contact us. Call 604-800-8853 or email us today.