Passing Of Trustees’ and Executors’ Accounts

Total 51 Posts

Choosing the Right Estate Trustee: When Poor Administration Comes at a Cost

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This blog post was written by Mohena Singh, Associate at Fasken LLP. A recent Ontario Superior Court decision, Flowers v. Flowers, 2026 ONSC 3524, serves as a reminder that one of the most important decisions in any estate plan is the selection of an estate trustee. While many testators instinctively appoint a trusted child or family member, the role carries significant legal responsibilities. When those responsibilities are ignored, the consequences….

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Estate Administration, Executors, Passing Of Trustees’ and Executors’ Accounts, Trustee Compensation

Key Findings Relating to the Exercise of Trustee Discretion

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A view over an old stone fence into a cemetary, framed by an abundance of trees in full leaf.

The recent case of Karrow v. Boghosian, 2026 ONSC 2425 (CanLII) is a detailed decision which warrants a thorough review. This blog will focus on the key takeaways from the case, which focussed on the duties of trustees in exercising discretion in administrating a testamentary trust. The applicant estate trustees brought an application to pass their accounts. The respondent Jordan Boghosian (“Jordan”) raised objections to the accounts and maintained that….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Disputes, Trusts, Uncategorized

Estate Trustee Renunciation and Resignation: Accounting Obligations and Liability Considerations

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Today’s Post is by Ashley Thornton, Articling Student, Gowling WLG (Canada) LLP When an estate trustee steps down from their role, whether voluntarily or by removal, they face a critical question: what obligations remain, and what risks do they carry forward? The transition out of a trusteeship is not simply a matter of handing over the keys. In Ontario, departing trustees must navigate procedural requirements, accounting duties, and potential liability….

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Estate Administration, Passing Of Trustees’ and Executors’ Accounts

Account! Account! Account!

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Anna Chen, associate Gowling WLG (Canada) LLP The importance of a fiduciary (whether a trustee, an attorney for property or an estate trustee) to keep proper books of account cannot be understated.  This is an obligation required of the fiduciary to prove he or she administered the trust, property or estate prudently and honestly.  The importance of keeping accounts and the consequence of not doing so have been addressed again….

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Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney

Case Comment: Huang v. Nie, 2024 ONSC 2398

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As many of our readers may know, estate trustees have a duty to account to the beneficiaries of an estate for the property they administer. Beneficiaries are entitled to be kept informed and can reasonably expect transparency and communication from the estate trustee in this regard. Oftentimes, an estate trustee will deliver accounts to beneficiaries to demonstrate what funds have come into the estate, and what funds have been paid….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Uncategorized

Estate Trustee Compensation – Discretionary Factors

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Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..

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Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee Disputes
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