Being named in someone’s estate plan is an important responsibility—and we’re here to help you succeed.
Whether you’ve been appointed as an executor, guardian, or attorney, this guide will walk you through the basics of what each role involves. If you’re looking for more details, we’ve also included links to in-depth resources that cover everything you need to know about each role.
Executor
Anyone can appoint one or multiple executors in their will. As an appointed executor, you’re in charge of making sure the wishes outlined in the will are carried out.
The responsibilities of an estate executor include:
- Finding the will
- Notifying beneficiaries, creditors, and relevant government agencies of the death
- Obtaining the death certificate and applying for probate (if necessary)
- Locating and securing the deceased's assets, including property, bank accounts, investments, etc.
- Paying off any debts and taxes owed by the estate
- Selling property or other assets if needed to pay debts or distribute proceeds
- Distributing assets to beneficiaries according to the terms of the will
- Filing final tax returns for the deceased and the estate
- Keeping detailed records of all financial transactions related to the estate
- Closing out the estate once all duties are complete
While being an executor can be a big task, many resources are available for you to complete all your duties.
Learn more about your executor responsibilities →
Guardian
If you’ve been named a guardian in someone’s will, this means they are trusting you to provide for and raise their minor children if they are no longer able to.
As a guardian, you’ll have responsibilities like:
- Providing for the child(ren)'s physical, emotional, and developmental needs, including food, shelter, clothing, education, healthcare, and daily care
- Making important decisions regarding the child(ren)'s upbringing, including education, religious and cultural practices, and social activities
- Managing the child(ren)'s finances and assets, especially if you’re also the trustee for a testamentary trust
- Representing the child(ren)'s interests in legal matters
- Filing required reports with the court, such as annual accountings of the child(ren)'s finances
- Nurturing the child(ren)'s growth and guiding them toward independent adulthood
- Facilitating the child(ren)'s relationships with family members and maintaining cultural connections
Accepting the role of guardian is a huge responsibility. If you’re in a position to accept this role, we’re here to help you.
Learn more about your duties as a guardian →
Pet Guardian
Being named a pet guardian means someone trusts you to care for their beloved pet after they’re gone. It’s a responsibility that ensures their pet receives love and care in their absence.
As a pet guardian, your responsibilities include:
- Providing food, shelter, and general care for the pet
- Ensuring regular veterinary visits and medical care
- Managing any ongoing medical treatments or special needs the pet may have
- Maintaining the pet’s regular routine to minimize disruption in their life
- Caring for the pet's emotional well-being, including providing companionship and attention
- Following any specific instructions left by the pet's original owner, such as dietary preferences or favourite activities
Becoming a pet guardian is an important responsibility. It can also be costly, which is why Willful users can set up pet trusts to leave funds for the care of their pet in the future.
Learn more about being a pet guardian →
Beneficiary
If you've been named a beneficiary in a will, congrats! As a beneficiary, you’re entitled to receive an inheritance of assets or property from the estate of the deceased. Beneficiaries can include family members, friends, charities, or organizations.
The responsibilities of a beneficiary include:
- Communicating with the executor to stay informed
- Providing any required information, such as identification or banking details, to receive your inheritance
- Exercising patience and giving the executor space to work, as the executor needs to settle debts and taxes before distributing assets
Beneficiaries also have certain rights, such as:
- The right to be informed about the status of the estate and when you can expect your inheritance
- The right to a timely distribution, within a reasonable timeframe
- The right to challenge the will in court if there are concerns about its validity
Learn more about receiving an inheritance →
Power of Attorney for Property
If you’ve been named as someone’s power of attorney for property, you have the authority to manage that person’s financial affairs if they cannot do so themselves. This inability can occur if they’re overseas, in a coma, or lack the mental capacity to act on their own.
As an attorney for property, your key responsibilities and scope of authority may include:
- Managing bank accounts, investments, and other assets
- Paying bills and settling debts on behalf of the person
- Filing taxes and handling any other financial obligations
- Making decisions about real estate, such as maintaining, renting, or selling property
- Keeping clear records of all transactions and decisions made on behalf of the person
- Ensuring that all actions taken are in the best interest of the person you’re acting for
Acting as an attorney for property is a serious role that comes with a large amount of trust. Breaching the person’s confidence in you or failing your duties can have significant repercussions or even legal action. To help you navigate this, we’ve compiled some in-depth resources.
Learn more about the role of a power of attorney for property in Canada →
Power of Attorney for Healthcare/Personal Care
As someone’s appointed attorney for personal care, you are responsible for making medical and personal decisions on their behalf when they can no longer make them for themselves. They may be unable to do so because they’ve been in an accident, are in a coma, or lack the mental capacity to act on their own.
Your responsibilities as a power of attorney for personal care may include:
- Making decisions about medical treatments, surgeries, and long-term care
- Deciding on living arrangements, such as moving the person into a care facility or arranging in-home care
- Ensuring the person's daily needs are met, such as meals, hygiene, and mobility support
- Consulting with medical professionals to understand treatment options and ensure the best care
- Following any healthcare instructions outlined in a living will or advance healthcare directive
- Respecting the person's wishes regarding end-of-life care
Unlike an attorney for property, being an attorney for personal care means someone is leaving their health and wellness decisions in your hands. It’s a very important, nuanced role and we’re here to help you succeed at it.
Learn more about your duties as an attorney for personal care →
Create your own estate plan today
Getting added to someone’s estate plan is a great reminder to make your own as well. If you haven’t created an estate plan yet, you can easily start one today with Willful.
