Has anyone been executor for an overseas estate?
Has anyone been executor for an overseas estate?
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Big Worm 1

Original Poster:

538 posts

188 months

Monday 20th November 2023
quotequote all
In the past few days, I have been informed that a close relative of mine has passed away. She has lived in Canada for over 50 years and I'm her next of kin.

While she has written a will, she was in the process of trying to decide on an executor when she passed away. So we know her wishes, but there is no-one officially assigned to complete those tasks. I've spoken to a couple of her friends in Canada, but no-one is putting their hand up to take this on.

Obviously there is the case of selling her assets, but then there is arranging the funeral, getting the death certificate, closing bank accounts, contacting utility companies, retrieving some of her items from the police (which i suppose one of her friends could do), etc etc.

Not knowing how these things work over there, is it feasible that i could act as executor remotely from the UK? Do i need to get myself over there to figure things out? Or am i best trying to employ a professional in Canada to do it?

Any tips or suggestions would be gratefully received!

alscar

8,349 posts

237 months

Monday 20th November 2023
quotequote all
Sorry to hear about your relative.
Having just started on my role as Executor for my Aunt here I would say trying to do it overseas would be painful to say the least.
I believe an non resident of Canada also needs to post a bond.
If it were me I’d be trying to find a solicitor or equivalent there and perhaps take it from there ?



alscar

8,349 posts

237 months

Monday 20th November 2023
quotequote all
Also have a read of the Gov UK website which gives much more information about deaths In Canada.
Best of luck.

Big Worm 1

Original Poster:

538 posts

188 months

Monday 27th November 2023
quotequote all
Thanks for the suggestions.

Just in the process of trying to find a lawyer over there that deals with Wills and Estates. Also one that doesn't charge the Earth! It looks like some charge a flat fee, and others charge a percentage of the value of the estate. frown

alscar

8,349 posts

237 months

Monday 27th November 2023
quotequote all
Sounds similar to here then.
When I first looked into Solicitor costs most were happy to quote a fixed price to take up to the grant of Probate with then a variable fee in dealing with estate admin afterwards.Whether I was happy with the numbers quoted is a different issue !
Fixed fees ( obviously estate size and complexity dependent ) seem to range from a low of about £2k to £4k plus.
Estate admin ( which in some cases appeared to include the grant of probate steps had an even wider range which averaged anywhere from 1% -5% !
I was " lucky " in that as LPA I had already done a huge amount of heavy lifting so was able to negotiate a hybrid service from my chosen Solicitor.
In your case given the out of Country issue I would suggest you just send an email detailing what you think is required from them and send to a few companies ( maybe 3 ?) and see what sort of response you get ?
What Province in Canada ?


Jonmx

2,870 posts

237 months

Tuesday 28th November 2023
quotequote all
Having recently dealt with my late stepfather's estate (He was American) I'd certainly recommend having someone on the ground out there. If the Canadian financial authorities are anything like the IRS it'll be a time consuming and frustrating exercise.