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Category: Canada Law
Satisfied Customers: 140110
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 12 years.
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It's been a while...I hope you've been keeping well. I hope

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Hi Debra -It's been a while...I hope you've been keeping well. I hope you aren't tied up in all the floods in BC. I've visited that particular area long ago. Dreadful....In relation to our previous conversations about my step-mother's will - I hope you have the log somewhere.It is now nearly two years since my step-mother died in Vancouver and I believe probate has still not been granted. I have been talking to the executor of the estate regarding a) when probate might be granted and b) whether I could have an interim distribution of what I am due - such as it is. The remainder of the estate goes to my step-mother's sister.The estate is large and the are more than adequate funds to cover the amount due to me in the codicil by the available cash in bank accounts - let alone the property.The executor is in his eighties and the excuse for the delay I have been given is that he is still waiting for 'things' to be resolved in the UK. Although he hasn't been specific.... I believe it may have something to do with UK pension/s or possibly small amounts of tax that has not been agreed. I know he struggled initially with talking to support personnel in the UK because of the time difference. He tends to get up late and by that time a lot of the UK offices are starting to close down for the day.My questions:
1) Is an interim distribution possible pre grant of probate?
2) Is there any reason why the lawyer's firm dealing with the estate cannot resolve the issues in the UK on behalf of the executor? e.g. speak to the companies or government institutions
3) Could the executor transfer his executorship to someone else or indeed the lawyer?
4) Could the executor be delaying things for some reason?I'm presuming this is the correct URL to check if probate has been granted?
https://www.supremecourt.vic.gov.au/wills-and-probate/searching-probate-records/applicationsMany thanks.Richard Hay

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

I hope you are well.

Does the executor have an estate lawyer in Canada?

Customer: replied 12 days ago.
he does ***** ***** BA.A, LL.B - North Vancouver....and yes quite well thanks Debra.
Customer: replied 12 days ago.
I received an initial letter from him April 20, 2020 saying he had
been retained.
Customer: replied 12 days ago.
Sorry.. he also enclosed "Form P1 - Notice of Proposed Applications In Relation to Estate"

I'm so sorry for the delay. I answered immediately but the site has been having problems for days and it wipes out posts and we don't know when that happens. I just discovered this now. I'm so so sorry.

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

I suggest that you call the lawyer and if the executor allows the lawyer to discuss this with you he will. You can explain that you are concerned that the executor is senior and potentially frail and putting it bluntly, how much longer will he be able to administer this estate for?

You can ask about an interim disbursement and yes you should be getting it if it's clear that there's more than enough funds because it testator wanted you to get this bequest and didn't want you to have to wait why are they waiting? So as soon as probate has been granted you should get those funds. You cannot before.

Does that help?

Customer: replied 12 days ago.
Hi Debra -I understand that the lawyer is a friend of the executor or has dealt with him a lot in the past. When I approached the lawyer sometime ago about possibly contesting the will he said I shouldn't be contacting him - only the executor. So I don't really want to go behind the executors back again unless absolutely neccessary.In regards ***** ***** I now understand that I cannot get any form of distribution pre grant of probate.Can you please answer Q2 to Q4 if you can.Thanks.

You could only go to the lawyer if the executor agreed.

A lawyer in Canada may not want to deal with the UK and it may be that the executor has to hire a lawyer in the UK as well.

I don't know why the executor would be delaying things. He may just be too old and fragile to have to deal with this anymore. This seems to happen a lot where people are too senior to take on these roles that they shouldn't be stuck with at their age. Do you know what I mean?

Customer: replied 11 days ago.
Hi Debra -Sorry but you haven't answered my two most important questions mentioned previously:2) Is there any reason why the probate lawyer's firm dealing with the estate cannot resolve the issues in the UK (pensions/tax etc.) on behalf of the executor, as he is struggling to do it himself? e.g. speak to the companies or government institutions re. pensions or tax outstanding on his behalf.3) Could the executor transfer his executorship to someone else or indeed the lawyer?If it's a question of me paying extra for these answers I am quite amenable.Thanks.Richard

2) Is there any reason why the probate lawyer's firm dealing with the estate cannot resolve the issues in the UK (pensions/tax etc.) on behalf of the executor, as he is struggling to do it himself? e.g. speak to the companies or government institutions re. pensions or tax outstanding on his behalf.

A lawyer in Canada may not want to deal with the UK and it may be that the executor has to hire a lawyer in the UK as well.

3) Could the executor transfer his executorship to someone else or indeed the lawyer?

Yes he could. He could renounce his executorship and have someone else step in. He will need consent of the court.

Customer: replied 11 days ago.
Questions answered - will contact the executor and see what he is prepared to do.Thanks very much Debra. Until the next time!Richard

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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