Foreign Executors

Foreign Executors

Foreign Executors

I am a Foreign Executor

Sometimes an Ontario resident passes away and appoints an executor who does not live here. Sometimes a resident of a foreign jurisdiction has assets in Ontario that now require probate. As a foreign executor, people are often told by their local lawyer that they need to “reseal probate” in Ontario or “get a grant of probate” in Ontario. We can offer services to a foreign executor including:

  • Appointing a foreign executor
  • Assisting a foreign executor with the administration in Ontario
  • Probating assets located in Ontario
  • Resealing a Grant of Probate from another jurisdiction

We have served executors from all over the world including Canada, the United States of America, the UK, Ireland, Israel, South Africa, Mexico, and Hong Kong.

What is Resealing?

Resealing is a court process whereby we confirm an executor’s appointment with or without a will from another jurisdiction. Resealing can be granted from a court of competent jurisdiction in the United Kingdom, in a province or territory of Canada, or in any British possession.

What if I need to reseal an appointment from a jurisdiction that is not from a British possession?

We can apply to the court for a Certificate of Ancillary Appointment of an Estate Trustee With A Will where the applicant has been appointed by a court having jurisdiction outside Ontario, other than a jurisdiction referred to above.

I want to name a foreign Executor

Can you appoint an Executor who does not live here?

Yes, you can but this decision needs to be carefully thought out and reviewed with an estates lawyer. If you name an executor who does not live here in Ontario, you must specifically write in your will that the appointment is without bond. Otherwise, a nonresident would be required to post security (bond) which can be worth up to three times the value of the estate. This is an expensive and time-consuming process. Even with this language to waive the bond requirement, it still may not be binding to a judge if for any reason the judge is not satisfied. We therefore always recommend that if you do name a nonresident as an executor, it would be wise to name an alternative person or professional who lives in Ontario. This would allow the foreign executor the option of renouncing, or stepping down, upon the event that a bond issue arises.

Amy MacAlpine

Amy MacAlpine is a partner at Hummingbird Lawyers. She supports clients in the areas of Wills and Estates, Litigation, and Family Law.

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