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2 2 - The Oakville Beaver Weekend, S aturday January 21, 2006 Three-star-plus Cuban resort draws rave reviews Continued fro m page 21 the catch; there are 237 steps down to the beach, and the same back up. This is not a property for people who w ant excitem ent or night life. There are, though, compli m entary transfers to th eir sister resort. This property has a huge repeat business, and the guests staying there, mostly Canadians, were very hostile to the idea of me telling you about it. One regular from Toronto, who comes three or four tim es a year, said: "W here else does the m anager come out and p u t su n tan lotion on your back because he noticed you're getting burned?" It was our kind of place; take a stack of books, and ju st relax for a week. Then we travelled to Camaguey and Santa Lucia. The city itself is the m ost colo nial city in Cuba, famous for its Spanish-style a rch itectu re and narrow w inding cobblestone streets th a t form mazes purposely to confuse pirates. We loved the Gran Club Santa Lucia, a three-star-plus budget property. We liked the ju n io r suites right on the w ater and many of the agents said th at th at would be the accom m odation they would sell. We w ere very pleased w ith lunch, and w hen I w andered around finding Canadians who were staying there, they were happy, too. Many of us are a bit dubious at recom m ending anything in Cuba below a four-star, which is why I wanted to see some three-stars first hand. There were some I w ouldn't recom m end at all, but others, like the Gran Club Santa Lucia, are great buys. No, it doesn't compare with a five-star, b u t n eith er does the price, and w hen I checked with the .ch at lines it gets great reviews. My husband and I have nearly always stayed in what I lovingly refer to as cheap and cheerful properties; it means our budget goes further. I'm picky about pillows, so I pack my own. I also pack snacks in case the food leaves a b it to be desired. On this trip I didn't need them . -- You can reach Sam by e-m ail a t sionlO@cogeco.ca LEGAL NEW S&V1 RVS CHOOSING AN EXECUTOR Choosing an executor is a diffi cult decision. The executor is the person in charge of carrying out your wishes in your Will. The role of executor or trustee carries with it a great deal of responsibility. It is not easy finding someone who is up to the challenge. Aside from naming someone who is highly trustworthy and has good business sense, careful consideration should also be given to the following fac tors: Try to name an executor who is younger than you. This will reduce the risk that they will not be around to carry out the terms of your Will. If your primary executor is your spouse, or someone else close in age to you, then it is wise to name one or more younger alternates. Try to name someone who can be impartial and will get along with your beneficiaries. Often, parents have no idea how deep rooted the resentment between their children really is. Once mom and dad are gone their estate becomes an emo tional battleground, particularly between the so-called "favourite" child who was the primaiy care giver (now the executor) and his or her siblings. Choosing an impartial non-family member is often the best way to keep the peace. Be sure to ask the person whether they want to act as your executor. Many executors are caught by surprise and decide not to accept the appointment, leaving the Court to appoint someone at the expense of the estate. If your son is the CEO of a large multi national corporation, presumably he is "business wise" and able to handle responsibility well. However, if his job takes him out of the country several weeks a year he likely will not be available, nor will he have the time, to be execu tor. It is not easy to find someone with all the right characteristics of a good executor. Laws are more and more complex, blended fami lies are more prevalent and the nature and extent of the assets comprising a typical estate are becoming- increasingly complicat ed. For these reasons you should consider appointing a professional trustee (such as a lawyer or accountant experienced in the management of estates & trusts) to act alone, or together with a family member or friend. Here is why: a professional trustee has the expertise to navi gate difficult issues and the experi enced administrative staff to enable the estate to be adminis tered quickly and efficiently. While it is true your family member executor could hire an expert to assist, often they will attempt to do too much of the work themselves only to find out when it is too late that they are in way over their head. A professional trustee is subject to strict regulatory supervision and is insured. If they make a mistake the costs will not come out of the beneficiary's pocket. A professional trustee is unbi ased and impartial. When one child manages the trust fund of another child, it is hard for the trustee to remain emotionally unattached when making discre tionary decisions that affect his or her sibling. The fees for executor/ trustees, such as an accountant or lawyer, wall be dictated by the terms of your Will which usually permits fees authorized by the Trustee Act, subject to the approval of all adult beneficiaries or in the alternative approval by a judge. The Act allows what is "fair and reason able". The bottom line is that you have the peace of mind knowing such compensation* is subject to some scrutiny and is not a free for all for your executor. Choose your executor wisely and remember, Mark Twain once said, "you never really know someone until you share an inheritance with them". Adam D. Cappelli, M.B.A., LL.B. TEP, is an estates lawyer. He is a partner in the firm Ross ir McBride LLP in Hamilton (www.rossmcbride.com) and a lecturer in the faculty o f business at McMaster University. Email your questions to acappelli@rossmcbride.com. THIS WEEK'S COLUMN COURTESY OF Feltmate Delibato Heagle OAKVtUE OFFICE: 2010 WINSTON PARK DR., SUITE 301 OAKVILLE, ONTARIO 90S.S29.320O FAX: 905.829.3277 BURtlNGTON OFFICE: 3600 BILUNGS COURT. SUITE 200 BURLINGTON. ONTARIO 903.639.8881 FAX: 903.639.8017 r.fdhl o w y e r s . c o m R O S S& A T T M D E FRAN CESCA RO LLO , M JL , L L B . LLP P erso n al In ju ry 905-526-9800 Fax 905-526-0732 www.rossmcbride.com Commerce Place, 1 King S t W est Hamilton LAfSfeAW 9 0 5 .3 3 7 .9 6 3 3 h e a th e r la id la w @ c o g e c o .c a E S T A T E A N D C O M M E R C I A L L IT IG A T IO N Adam, estate lawyer at the law firm ROSS & MCBRIDE LLP EMAIL AT acappelli@ rossm cbride.coni The opinions expressed in th is colum n are those o f th e a u th o r a n d do not necessarily rep resen t th e view s o f thus new spaper. L O O K H E R E E A C H W E E K F O R V A L U A B L E IN F O R M A T IO N C O U R T E S Y O F T H E S E L E G A L P R O F E S S IO N A L S . F o r ANy iNQuiRES AbouT L eq a I N ew s & V iew s, con tact SI iaw na S a L vo at T I i e O A kvillE B eaver 905 .845.3824, ex t . 286