Passing Of Trustees’ and Executors’ Accounts

Total 51 Posts

The Importance of Fiduciary Duties

• • 0 Comments

The Oxford Dictionary defines a fiduciary as a person in a position of trust, especially when it involves controlling money or property belonging to others. The law places particular emphasis on the trust relationship between a trustee and a third-party beneficiary. Among other duties, a fiduciary is required to: (1) act in the best interests of the beneficiary, (2) not put their own interests ahead of the beneficiary, and (3)….

The Importance of Fiduciary Duties Continue Reading »

Elder Care, Elder Law, Fiduciary Professions, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee

Tips on Bringing a Passing of Accounts Application – Part 3

• • 1 Comment

Today’s blog is a continuation of my series[1] on bringing an application to pass accounts (the “Passing Application”).[2]  After the hearing date is set with the court office and the notice of application issued, the next step is to serve the beneficiaries.  The beneficiaries then have an opportunity to review the accounts and respond. What documents must you serve on the beneficiaries? The Ontario Rules only require that you serve….

Tips on Bringing a Passing of Accounts Application – Part 3 Continue Reading »

Passing Of Trustees’ and Executors’ Accounts

Tips on Bringing a Passing of Accounts Application – Part 2

• • 0 Comments

In my blog Tips on Bringing a Passing of Accounts Application of March 5, 2021, I provided suggestions on preparing the accounts and drafting the court required documents when bringing an application to pass accounts (the “Passing Application”).[1]  In  today’s blog, I will share some tips on the next steps in the process. Initiating the Passing Application The Passing Application is initiated by (i) obtaining a hearing date for the passing….

Tips on Bringing a Passing of Accounts Application – Part 2 Continue Reading »

Passing Of Trustees’ and Executors’ Accounts

Suggestions to Reduce the Potential for Elder Financial Abuse

• • 1 Comment

I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property…..

Suggestions to Reduce the Potential for Elder Financial Abuse Continue Reading »

Capacity Law, Caregiving, Elder Care, Estate Planning, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Tips on Bringing a Passing of Accounts Application

• • 0 Comments

In my first blog post (as a guest blogger), I wrote about what a law clerk is and what it is that we do.  In today’s blog I will expand on a task that an estate law clerk is frequently involved in – a court passing of accounts – and provide some tips on bringing an application to pass accounts (the “Passing Application”). The court rules regarding passing of accounts….

Tips on Bringing a Passing of Accounts Application Continue Reading »

Passing Of Trustees’ and Executors’ Accounts

You Can’t Always Get What You Want, But … You Get What You Need

• • 0 Comments

In Poitras v. Canadian Cancer Society et. al., 2020 ONSC 4935 (CanLII), a  decision on a motion, the Estate Trustee/moving party sought an order setting the terms of a release so an interim distribution could be made. The responding party argued that an interim distribution could not be made until other issues were resolved and sought costs. Neither party was successful. Background Françoise Poitras died on March 6, 2016. Interestingly,….

You Can’t Always Get What You Want, But … You Get What You Need Continue Reading »

Contested wills, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts
Scroll to Top