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    The Risks

    Helping you through the executor process is about providing a roadmap, with protection, tools, and support, to get you off in the right direction. This will help reduce the stress, anxiety and minimize the potential for substantial problems that can impact your whole family.

    18 Situations

    With supporting case law where executors could be sued personally. (ERAssure)


    Of the 14.8 million Canadians aged 45 or older, intend to name a friend or family member as their executor. (Statistics Canada, BMO Leger survey)


    Of Canadian executors could face fines of up to 3% of the estate and/or be jailed for up to 2 years for administrative errors. (CICEA)

    Get in the know

    There are a lot of myths about the personal liability of executors, chief among them the view that contested estates are always squabbles among disgruntled heirs, and that the problem can be solved by a clause in the will stating heirs who contest their inheritance receive nothing. It's a quaint and seemingly clever solution, but not grounded in reality.

    Problems reported by Executors in their role:

    Administrative Complications (47%)
    Emotional Issues (31%)
    Legal Issues (26%)

    In reality, lawsuits can originate from any number of sources, such as excluded heirs, creditors and other injured third parties, not to mention the Canada Revenue Agency (CRA) or even the Internal Revenue Service (IRS) in some cases. If they’re not named in the will, an exclusion clause is meaningless.

    The world has changed vastly in recent years and the impact on the risk facing executors has changed along with it. The children of modern extended families lack the compatibility of those who shared lives under the same roof. Instant access to information and multiple means of communication have altered expectations for timely feedback.

    Estate administration has become more burdensome, assets of every kind have become far more complicated and taxation of estates has become more multi-faceted, convoluted and an increasing source of risk. The executor’s world has changed.

    On top of everything else, the legislative landscape has shifted, with jurisdictions representing 67% of all Canadians having changed their estates legislation in just the last few years, plus the federal government overhauling the taxation of estates, affecting all Canadians and creating a potential hotbed for litigation.

    These are not small changes. In some cases, they have actually made it easier for disgruntled heirs to challenge the will. In others, audit authority was implemented to hold executors personally accountable for errors with serious consequences including massive fines. Executors who misfile a form can now face lengthy prison sentences.

    Do things right

    The Estate Risk Protection Plan is the only way to guarantee your executor will have the insurance they need. Tell us a little about yourself, get a quote for the plan that suits your needs best, and apply online today.