Passing Of Trustees’ and Executors’ Accounts

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

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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,….

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

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

Master the ETDL Appointment

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Estate Trustees During Litigation are appointed in a wide variety of situations where a neutral party is needed to administer and preserve the estate assets. The bar for their appointment is lower than to remove an estate trustee…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Wills

Clearance Certificates

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An executor, as the legal representative of the estate, is required to obtain a clearance certificate before distributing property that they control. Where the executor fails to obtain a clearance certificate, they are liable for any unpaid amounts in respect of any property distributed. Some will argue that not every estate needs a tax clearance certificate, but a recent court case highlights the kind of trouble an executor can get….

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Canada Revenue Agency, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Tax Issues, Uncategorized, Wills

Hidden Fees – A Breach of Trust

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Registered accounts are often set up as express trust accounts, with the bank acting as trustee and the account holder as beneficiary. In these cases, banks are subject to all the same fiduciary duties and responsibilities that apply to all trustees – meaning they cannot charge hidden fees…..

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Compensation, Contracts, Estate Litigation, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trusts

No Passing of Accounts Unless “Significant Concern”

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Emerson and Marie Lewis appointed two of their six adult children, Donald and Douglas Lewis, as their attorneys for property. Their remaining four children (the “non-attorney siblings”) commenced an application pursuant to ss. 42(1) and (4) of the Substitute Decisions Act, 1992, S.O. 1992, c.30 (the “SDA”) for leave to require Donald and Douglas to pass their accounts as their parents’ attorneys for property. The application judge dismissed their application,….

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