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Written by Administrator
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Saturday, 26 July 2008 20:37 |
When a deceased has left a Will or binding document, it is the person or institution named as the Executor/Executrix who has the legal authority and obligation to assume the responsibility for all matters relating to the estate. The duties of an Executor will vary depending on the complexity of the estate. Nevertheless, when a friend or relative appoints you as their Executor, they are placing their trust in you to fulfill their wishes regardless of how demanding or onerous the task. The following are some of the basic duties that may be required.
Funeral Arrangements
The first thing an Executor must do is assist in or make funeral arrangements. In order to do so the Executor should obtain a copy of a Will or consult with the lawyer who prepared it to determine whether there were any specific funeral instructions. Although these instructions are not binding, it would be highly unusual for an Executor to deviate from their intent unless there were unforeseen problems. Even though the Executor has the ultimate authority to make all the decisions, it would be prudent to consult with the immediate family where possible when making these arrangements. This is particularly true when the executor is not a family member.
Proof of Death
The most important document to be completed is the Death Certificate. In order to assist in its completion, the Executor should have an idea of what vital information is required by the hospital and funeral home. This will include the full name, birthplace, place of residence and occupation of the deceased, the deceased's father's name and birthplace, mother's maiden name and birthplace and name of the surviving spouse, if applicable.
The Executor must obtain a registered copy of the Death Certificate from the Department of Vital Statistics or a Funeral Director's Certificate of Death, issued by the funeral home, verifying proof of death. This is the document required by many insurance companies, financial institutions and government agencies in matters pertaining to the settlement of the estate.
Death and Survivor Benefits
If, for example, the deceased worked, was a veteran or member of a fraternal organization, had purchased insurance, or died as the result of an accident, there may be death or survivor benefits available. The executor must determine whether the deceased's estate or survivors are entitled to any of these or other benefits and then make application to access them. In some cases, a copy of the funeral service invoice must accompany the application.
Items to Cancel
To ensure the estate does not incur any unnecessary expenses, the following is a list of items, which the Executor should cancel, and request refunds, if applicable. - Driver's license, magazine and newspaper subscriptions, cable television, club memberships and telephone
- Health Insurance coverage
- If the deceased lived alone in a rental property, the lease agreement
- Credit cards
Other items, which should be cancelled, include Old Age Security and Canada Pension
Mail Service
The Executor may also choose to contact Canada Post to request that the deceased's mail be rerouted to a more convenient address.
The Canadian Direct Marketing Association (CDMA) offers a free consumer service called The Do Not Mail/Do Not Call Service which allows people to stop receiving unwanted offers of goods and services by mail or telephone. The Executor can register the name of the deceased with the service by completing and mailing a registration form to the CDMA.
Some funeral homes have copies of the registration form available for the public, while others will actually complete and mail it on behalf of the family.
Assets and Liabilities
One of the more difficult tasks for an Executor will be ascertain the value of the deceased's assets and liabilities. The value of each will depend on a number of factors, including the deceased's age, marital status, number of dependants, occupation and employment status.
The first step will be to contact the companies who looked after the deceased's financial affairs, like a bank or other financial institutions, insurance companies or brokerage firms and ask for a written reconciliation of each account.
Locate and obtain title documents for real estate, mortgages, share certificates, bonds, debentures and guaranteed investment certificates. Then arrange valuations of the real estate, securities, personal property and automobiles. Finally confirm outstanding balances on credit cards and other major accounts. Once the value of each of has been determined, the Executor should open an estate bank account into which sufficient monies should be placed to begin the settlement of all claims and debts and distribution of assets.
Tax Implications
As an Executor your responsibilities under the Income Tax Act include: - filing all required tax returns for the deceased,
- making sure all taxes owing are paid, and
- letting beneficiaries know which of the amounts they receive from the estate are taxable.
Revenue Canada has provided an Information Sheet that contains basic information that the Executor should know in order to start settling the estate. This sheet has been distributed to many funeral homes throughout Canada, therefore, copies may be obtained from your funeral director. For more information, the tax guide entitled "Preparing Returns For Deceased Persons" is available from your local tax services office.
Probate
In order to administer the estate, the Executor must apply to the Registrar of the Supreme Court for a grant of probate verifying the validity of the Will. Once granted, sufficient true copies of the Will should be obtained to begin transferring assets.
Commentary
The information provided is a general guide and not intended to be all encompassing. The more complex the estate, the more the Executor will be required to do. Law offices, trust companies, and accounting firms all have individuals or staff with expertise in estate administration. The best advice is to seek the advice of an expert to ensure that the administration of the estate is done in accordance with the deceased's wishes. |
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Last Updated on Thursday, 31 July 2008 07:30 |
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Written by Administrator
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Saturday, 26 July 2008 20:35 |
A Sikh is a member of a Hindu religious sect that rejects any exclusive social or occupational class system. Sikh funerals usually take place within 48 hours of death and are usually held at a funeral home, not a temple. While men and women sit apart at a temple, this is not the case at the funeral home. A head covering is required for both sexes. A scarf is adequate for men and women.
At the funeral service, passages from the Sikh Holy Book are read and prayers are offered. Relatives and close friends are expected to recite scriptural hymns. After the service the remains are taken to the crematorium where a similar service is held.
Following the service at the crematorium, everyone gathers at the temple where more religious services are performed.
Because of a Sikh's beliefs that is must be the will of God when someone dies and to cry is to dispute with God, they are forbidden to cry.
Friends and relatives may show support or express their sympathies by sending flowers or a donation. |
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Last Updated on Monday, 28 July 2008 19:24 |
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Written by Administrator
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Saturday, 26 July 2008 20:34 |
Islam is the Muslim religion in which the supreme god is Allah, and the founder and chief prophet is Mohammed. Muslims try to bury their loved ones as soon as possible after the death has occurred, usually within 24 to 48 hours. World religions like Islam that believe in the resurrection of the body bury their members. Therefore, cremation is strictly prohibited.
When a Muslim dies, regardless of the location of death, the body has to be washed according to their religious rites. This purification ritual must take place immediately. If death occurs in a Muslim's homeland the cleansing ceremony is often done by family. Elsewhere, if available, the ritual is performed in the preparation room. As it is private, no one from the funeral home will be present. The body of the deceased is washed, wrapped in a shroud and placed in a simple wooden casket.
The funeral service may take place at either a mosque or funeral home. It is a simple ceremony and because of the Islamic belief that one comes into the world with nothing and should go out of the world with nothing, it is completely free of gifts of any kind.
If the service is held at the Mosque, men and women will sit in separate areas. It is appropriate for visitors to also do the same. However, visitors are not expected to participate in prayers. As for the appropriate attire, men and women should cover all parts of their body. Colour restrictions may also apply.
A graveside committal service is also held, but women are not obligated to attend. They do, however, attend the graveside every week until a forty-day mourning period is complete. An Islamic priest, or Imam, conducts the service at the cemetery to ensure that the deceased is properly placed under the complete directives of Allah.
After the burial there is no formal reception, but it is appropriate to offer condolences to the family, though it need not be immediately afterwards. This time varies with the wishes of the family. It is not appropriate to send flowers; however, memorial donations are acceptable. |
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Last Updated on Monday, 28 July 2008 19:24 |
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Written by Administrator
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Saturday, 26 July 2008 20:33 |
Hindus, peoples of India, prefer to hold funeral rites before the sun goes down on the day of death. Traditionally, the first son presides at the service with a Hindu priest. The service is held at the funeral home.
Although not part of the Hindu tradition, it is appropriate to send flowers or donations. While mourners wear white, visitors are asked to wear subdued colours.
At the funeral service, the family may put flowers on the deceased, who is placed in a simple wooden casket. Emotions will vary depending on the circumstances of the death. If the person is old he or she is regarded as being blessed, having led a full life, and the soul is ready to return to God. As a result, there is little outward grieving at the funeral. As part of the ritual blessing, a thread may be tied around the neck or wrist of the deceased. It should not be removed by family of friends.
Religions, such as Hinduism, that believe in reincarnation of the soul cremate their members. While all Hindu adults are cremated, deceased children are usually buried. Another short service is also held at the crematorium. In some cases, at the end of this service the eldest son or some accommodated by the cremation operator.
After the service the family is expected to enter a period of formal grieving which lasts a minimum of seven days or longer depending on their social status. During this period the family will sit home and talk. No food is prepared in the house, but people come to the house to talk with the family and feed them. At the end of this period the family sponsors a feast for close friends and relatives.
The cremated remains of the deceased are usually scattered in Ganges River. If death occurs elsewhere the cremated remains are returned to India for scattering. Other methods of final disposition may also be chosen. |
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Last Updated on Monday, 28 July 2008 19:25 |
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Section Blog
