When a will is drafted, an executor of the estate is appointed in the will. The executor is essentially assigned to help manage the deceased’s affairs/estate after he or she passes away. The executor may be your lawyer, or alternatively your children, among others. Sometimes, a will-maker appoints co-executors - e.g. two siblings - to determine how the will-maker’s estate ought to be handled. Unfortunately, this can lead to significant challenges once the will-maker passes because the co-executors disagree in how to manage the deceased will-maker’s estate.

It is best to appoint 1 or 3 executors which permits unilateral or majority decision making when it comes to management of the deceased’s Estate.

The recent case of Putman v Putman, 2021 BCSC 1700, discussed the Power of Attorney Act and Representation Agreement Act and the applicable law to the aforementioned legal instruments. In this case, the petitioner, David Putman, and the respondent, Linda Putman, were brother and sister; they were jointly appointed as attorneys pursuant to an enduring power of attorney granted by their mother, Margaret Putman. The respondent has also been appointed as Margaret’s representative pursuant to a representation agreement made pursuant to s. 9 of the Representation Agreement Act, R.S.B.C. 1996, c. 405 (the “RA Act”). The two siblings were unable to agree as to the appropriate medical treatment for their mother and likely more so, how best to deal with valuable real estate owned by their mother; alas, another case where finances get in the middle of sibling relationships.

Three reasons why young families require a Will:

1. Who will take care of your child/children?

2. Who will manage your wealth, long-term and to the benefit of your child/children?

3. Who will manage your estate, short-term, on behalf of your infant children?