Canmore-based lawyer Austin Ward sat down with Wills and Estates lawyers Farha Salim and Stephanie Martin to explore an often-overlooked but essential aspect of estate planning: selecting the right Executor, known in Alberta as your Personal Representative.
Why is choosing an Executor such an important step?
Farha: Your Executor plays a central role in carrying out your final wishes. They are responsible for locating and managing your assets, working with financial institutions and government agencies, settling debts and taxes, and ultimately distributing your estate. It’s a significant legal responsibility - and choosing the right person helps ensure your estate is handled smoothly and with minimal conflict.
What qualities should people look for?
Stephanie: Trustworthiness and reliability are vital, but the ideal Executor is also organized, level-headed, and capable of handling both administrative tasks and interpersonal dynamics. While people often default to naming a spouse or adult child, it’s worth considering who is best equipped to manage the practical demands of the role. Emotional resilience matters too, as the Executor’s duties typically unfold during a difficult and emotional time for loved ones.
What are some common challenges Executors face?
Farha: Even for relatively simple estates, the workload can be substantial. Executors must meet legal deadlines, maintain accurate records, and communicate with beneficiaries - some of whom may have competing opinions or expectations. A well-drafted Will, along with clear communication during your lifetime, can go a long way in preventing misunderstandings and easing the burden on your Executor.
Can someone name more than one Executor?
Stephanie: Yes, and sometimes it’s a good idea - especially if you want to share responsibilities or bring in specific expertise. That said, co-Executors need to collaborate well. Disagreements between them can slow down estate administration and create unnecessary tension. It’s best to name people who are likely to work e fficiently together.
Is there anything specific Bow Valley residents should consider?
Farha: In close-knit communities like those in the Bow Valley, personal and professional relationships can sometimes complicate estate administration. It's especially important to choose someone who can navigate potential sensitivities while acting fairly and efficiently. Involving a lawyer early on can also help your Executor understand their role and access guidance when needed.
