The Will Thing


An email from Max this morning brought my attention to a story in yesterday's Toronto Star about wills and the strife they often cause for the survivors of a death in the family.

I believe I mentioned before that when my Uncle John died we found a draft of a homemade will, unsigned, in the kitchen cupboard. As there was no executor I took on the task of administering his estate, which, although small, had some interesting challenges. Fortunately I had a lot of help from his bank, once I signed a promissory note to make good on any mistakes or law suits. As it turned out, his creditors and beneficiaries were satisfied with the job I did.

When I heard that Chris hadn't got around to making out a will until a few weeks before she died, and that I was named as a possible executor, my grief was tinged with a bit of apprehension. Denial in the terminally ill is, for the most part, a positive thing. Both Chris and John beat the odds and outlasted many others in similar circumstances. They both had many good days in the last months of their lives. And they both left a bit of a mess after they were gone.

CB and I discussed the will thing years ago, when she was first diagnosed with cancer. When she had to have surgery she gave friends her powers of attorney but apparently never wrote a will back then. Instead she concentrated on building herself a new home, a haven of peace and recreation for her friends and comrades. She realized a dream, living on an island in a rain forest, next to a mountain, a short walk away from the beach.

When those of us mentioned in her will began checking things out we discovered her estate was much larger and more complicated than we had assumed. After numerous discussions, including meetings with lawyers in Toronto and Windsor, it became clear to me that it was impractical for someone in another province to become the executor. I'm hoping one of her relatives, who lives fairly close to Lasqueti, gets appointed by the BC probate court as the administrator.

The Toronto Star article makes a very good recommendation. Besides the legal document it helps if there is a letter or video left behind that explains to all concerned the reasoning behind the distribution of assets. It took some of us, including me, a while to understand the logic behind Chris's plan and it would have better if that had been known from the beginning.

I'm optimistic the issues surrounding her material legacy will eventually be resolved to everyone's satisfaction. More importantly I'm sure the work that she pioneered will go on and the lessons she taught us will be remembered.

Posted: Mon - April 2, 2007 at 12:55 PM          

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