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Common Estate Problems

Executors or Administrators can encounter problems when distributing an estate. It is important that these problems are dealt with because the Executor or Administrator could end up being financially responsible.

Common problems in administering an estate include...

  • a dependant claims that they have not been properly provided for under the Will
  • a dispute arises with respect to the care of children
  • beneficiaries feel the Executor's or Administrator's fees are too high or not appropriate
  • a dispute arises over the sale of property or personal assets
  • a creditor alleges that a disputed debt is owed to them
  • someone refuses to turn over an asset belonging to the estate

Executors who mistakenly deal with the estate can be personally liable to the estate. Executors and Administrators may want legal advice to help work out any problems that arise. Reasonable legal fees can be charged to the estate. If the matter can't be resolved, the Executor or Administrator may apply to the Court for direction. The Court can make an Order that settles the issue.

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About PLEA

PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.