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Executor's Year

The year from date of death generally granted to the executor to collect and disburse the testator's assets.

In Czaban v Plamondon 2005 ABQB 917 (also known as Re Estate of Czaban, published at canlii.org/en/ab/abqb/doc/2005/2005abqb917/2005abqb917.html), the Alberta Court of Queen's Bench used these words:

"The concept of the Executor’s Year is a common law rule which allows the personal representative a one year period starting at the date of the testator’s death to administer the estate and transfer the assets without any interest accruing to the beneficiaries.

"If the personal representative fails to realize any property within a year, the onus is on the personal representative to provide valid reasons for the delay."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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