Trustee Indemnification

Estate Trustees Ordered to Not Use Estate Assets to Fund Litigation

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In a recent will challenge case, the court ruled that the estate trustees during litigation could not access estate funds to pay their legal fees. The testator (“Hans”) and his late wife (“Colleen”) married in 1987.  Together, they had 7 children from their previous marriages. In 2005, Hans and Colleen made wills in which their respective estate would be gifted to the surviving spouse and upon the death of the….

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Estate Litigation, Wills

Trustees Ordered to Pay Costs Personally

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In a recent court decision, the court declined to order costs payable from a modest estate and instead ordered the two parties (both trustees) to pay costs personally. A testamentary trustee, Mr. Cardinal, brought an application to compel estate trustee, Mrs. Perreault, to pass her accounts in her capacity as an estate trustee and power of attorney for the late Mr. Beaulieu.  However, while Mrs. Perreault consented to bring her….

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Passing Of Trustees’ and Executors’ Accounts
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