1

Canada Permanent Trust v. Bowman, [1962] S.C.R. 711.

2

The terminology used to describe the person named in a will to administer the estate varies across Canada. For example, estate trustee is used in Ontario. For simplicity in the book, we use the term executor. As well, the phrases executor and trustee and executor are used interchangeably: the role of an executor is to carry out the administration of the estate and the role of the trustee in the estate of a deceased person is to administer any trusts set up from the estate assets. Usually these two roles are carried out by the same person, although in a small number of estates, the trustee and the executor may be different persons.

3

The role of an executor is to carry out the administration of the estate; the role of the trustee in an estate of a deceased person is to administer any trusts set up from the estate assets. Usually these two roles are carried out by the same person, so throughout the book, we use the terms executor and executor and trustee interchangeably. However, keep in mind that in some estates there is actually no ongoing trustee role (i.e., when the estate is immediately distributed out to the beneficiaries after the estate is administered, rather than being placed into longer-term trusts). As well, in a small number of estates, the executor may be a different person than the trustee.

4

Throughout the book we have mentioned our conversations with trust officers from Canadian trust companies; it may be helpful to keep in mind that each of these companies is a wholly owned subsidiary of one of the major Canadian banks. Accordingly, the branches of your bank or the deceased’s bank will likely have copies of the helpful trust- and estate-related publications of their trust company.

5

The death of a joint tenant means that the surviving joint tenant takes the interest over immediately upon death by the right of survivorship, without the requirement of a probated will. However, that general statement is subject to our comments in Mistakes #8 and #9 about assets held together by a parent and an adult child. In that situation, even if the jointly held asset is real estate, there should be evidence beyond merely owning it in joint tenancy indicating the parent intended that the child receive the asset as a gift after the parent’s death.

6

Personal effects is a term used to describe all articles of personal or household use or ornament and all automobiles and their accessories. In other words, personal effects refers to property that is not real estate or financial in nature, and usually includes items belonging to the deceased, ranging from diaries and books to valuable art, jewellery and collections.