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Thread: Wills

  1. #1
    Senior Member RL1's Avatar
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    Wills

    The current situation has "inspired" me to update my Will....what are the rules about firearms? Can i leave them to anyone or do they have to be family members only? Of course i assume whoever i name has a R/PAL.

    Thanks
    RL
    Win the crowd and you win your freedom

  2. #2
    Moderator kennymo's Avatar
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    The executor of the will can hold the firearms while the will is being executed, with or without a license. The exact wording of this escapes me at the moment, but I believe ‘for a reasonable period of time’ or something thereabouts is given as timeframe.

    They should be able to (safely) store the firearms while the person of your choosing goes through the licensing process, or until the recipient picks someone that is licensed to receive them. I believe the executor is authorized to deal with the CFO for transfers, transport paperwork, etc... as well.

    A lawyer would be able to give you more of the particulars...

    And may I just say, that I’ve always wanted a John Wick licensed pistol....
    Cleverly disguised as a responsible adult.

  3. The Following 6 Users Like This Post By kennymo

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  4. #3
    Senior Member RL1's Avatar
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    Quote Originally Posted by kennymo View Post


    And may I just say, that I’ve always wanted a John Wick licensed pistol....

    lol somehow i had a feeling that would come up...also if i put anyone here on the list i may "accidentally" fall down the stairs sometime soon lol

    RL
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  5. #4
    Senior Member linung's Avatar
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    and I'd be happy to give any Lever, Revolver, or Double Barrel a good home.

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  7. #5
    Senior Member linung's Avatar
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    especially if you have anything like this.

    screenshot.jpg
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  8. #6
    Señor Member Dewey Cox's Avatar
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    I don't know what your "current situation" is, but here's to hoping you don't make use of your last will and testament for many years to come.
    Why does the rest of the country get first dibbs on half my income?

  9. The Following 3 Users Like This Post By Dewey Cox

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  10. #7
    Senior Member RL1's Avatar
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    Quote Originally Posted by linung View Post
    and I'd be happy to give any Lever, Revolver, or Double Barrel a good home.


    unfortunately, i just have "tactical' stuff...granted high end, but still tactical



    Quote Originally Posted by Dewey Cox View Post
    I don't know what your "current situation" is, but here's to hoping you don't make use of your last will and testament for many years to come.

    thanks, i appreciate that! nothing imminent but this whole virus situation got me thinking. i 100% believe it was man made and released on purpose and i also believe the next iteration will be even worse so i guess it is better to start preparing for things that i havent really thought much about.

    RL
    Win the crowd and you win your freedom

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    I've been told one should never make the estate the beneficiary of anything (of monetary value). Lawyers base their fees on the value of the estate (so I'm also told). Therefore items of monetary value should be named to individuals as specific bequests and/or residue (to surviving family members) and not just left generally to the estate of....Firearms can be left to individuals provided the individual acquires a PAL or RPAL in a timely manner. Probably should also be stated that if the individual chooses not to accept what was left to them or does not want to acquire the necessary license then the named firearm should either go to another willing to or sold by executor with $$ value going to individual it was left to.

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  13. #9
    Senior Member RL1's Avatar
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    of course i will talk to a lawyer/notary about all of my assets...here i was just thinking about my firearms and it sounds like i can bequeath specific guns to specific people and that is what i was hoping to do.

    RL
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  14. #10
    Senior Member Aniest's Avatar
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    I have actually been a co-executor on two family member's estates that had firearms and been an appointed "advisor" to two other executors due to firearms being in the estates/wills.

    Again, I am not a lawyer, your Province has rules that must be followed that I will not know of, and free Internet advice is valued at what you pay for it...

    Quote Originally Posted by kennymo View Post
    The executor of the will can hold the firearms while the will is being executed, with or without a license. The exact wording of this escapes me at the moment, but I believe ‘for a reasonable period of time’ or something thereabouts is given as timeframe.

    They should be able to (safely) store the firearms while the person of your choosing goes through the licensing process, or until the recipient picks someone that is licensed to receive them. I believe the executor is authorized to deal with the CFO for transfers, transport paperwork, etc... as well.
    These are correct as I know them kennymo. The executor will be able to be the lawful representative for those firearms "in absentee by death of the original owner" (AB CFO's words, not mine) for "a reasonable amount of time". The two keys to this will be:
    1. The executor is still obligated to follow safe storage rules in some manner, but is not required to have the applicable PAL; (In other words if the will is giving away a 12.x firearm to a 12.x holder in a legal transfer, the executor doesn't even need a PAL to do so.)
    and
    2. If the estate and/or will is being challenged in some way but there is no disagreement by the party(s) making the dispute to disposing of the firearms the executor can't use that to delay their disbursement. (In other words if the ex-wife is suing the estate but is more than willing to agree legally to allowing the executor to passing the firearms as stated in the will, then the executor can't use it as any excuse to hold up doing so or as an excuse to delay anything else.)

    The people that you would bequeath the firearms to must have or be able to acquire "in a reasonable amount of time" the proper PAL for it. In other words (again), this means you can't bequeath a 12.x prohib to someone who can't receive one from a standard transfer.

    If you bequeath a firearm to someone underage you must designate someone to be the "holder in trust" of the firearm who has the applicable PAL for that firearm until they are old enough to own it, even if that means paying some form of company to do so. Unless the executor has the applicable PAL, they cannot be that holder in trust.

    Quote Originally Posted by Planetmail View Post
    I've been told one should never make the estate the beneficiary of anything (of monetary value). Lawyers base their fees on the value of the estate (so I'm also told). Therefore items of monetary value should be named to individuals as specific bequests and/or residue (to surviving family members) and not just left generally to the estate of....Firearms can be left to individuals provided the individual acquires a PAL or RPAL in a timely manner. Probably should also be stated that if the individual chooses not to accept what was left to them or does not want to acquire the necessary license then the named firearm should either go to another willing to or sold by executor with $$ value going to individual it was left to.
    As I know it, and a lawyer would know better as this is actually more of a provincial regulation, but you don't bequeath something to someone else's estate unless you think they will die before you. For example, you might leave some money to grandma or their estate (if they die first) if you don't want it to go to someone else.

    As for the estate of the one who has passed, it becomes anything and everything not solely or partially owned by someone else. In one case the elder person had leased some mobility aides that were not a part of the estate because they did not own them. In the same estate a co-owner of property, proven by receipts and legal documents, became sole owner by "right of survivorship."

    Which, as an aside, becomes a problem if that survivorship is in dispute by an ex-spouse. This is often how people who have been divorced for decades can sue the estate after... not always succesfully, but why the courts will even hear it.


    I am not a lawyer, but I have done this four times in the last seven years.

    Edit: make sure your executor and immediate family are aware of the firearms too. If mom calls the RCMP to come get them before the executor takes action they could be gone without recourse.

    Oh...

    I AM NOT A LAWYER: free Internet advice is worth what you paid for it.
    Last edited by Aniest; 04-01-2020 at 08:30 PM.
    "So this is how liberty dies, with thunderous applause..."

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