Question:
What is the current status of the terms “executor” and “executrix”?
Answer:
There have been changes in practice over the years. The term executrix has been dropped since women’s liberation. The term “executor” is now used for both sexes. It used to be that the Court would “probate” the Will in order to confirm the appointment of the executor.
At the present time, there are two applications which replace “probate”:
1) an application for a Certificate of Appointment of an Estate Trustee with a Will, and
2) an application for a Certificate of Appointment of an Estate Trustee without a Will.
That’s quite a mouthful, just to avoid saying “probate”, so, many people today, still say probate and everyone seems to know what it means.
Many Wills were completed decades ago, and the terms “executor” and “executrix” were used. Today, the correct term will be “Estate Trustee”.
There are still references today in current legislation to executors (with a Will) and administrators (without a Will). So, the old terms are still there and they appear in current legislation.
Brian Madigan LL.B., Broker